Local Government Authority to Implement Smart Growth Programs: Dillon's Rule, Legislative Reform, and the Current State of Affairs in North Carolina

This Article reviews the delegation of authority that has been made and how the courts have interpreted those delegations.For a century the courts properly applied a rule of strict construction, Dillon's Rule, in these reviews. The General Assembly, in 1971, adopted a rule of broad construction for some local government powers, yet the courts have only recently begun to adjust their standard of review. This Article traces this evolution in legislative intent and judicial review and assesses its implications for local government authority to enact various planning, regulatory, and financing measures to implement smart growth programs.