§ 143-318.16A. Additional remedies for violations of Article. - North Carolina Statutes

§ 143‑318.16A. Additional remedies for violations of Article.

(a)        Any person may institute a suit in the superior courtrequesting the entry of a judgment declaring that any action of a public bodywas taken, considered, discussed, or deliberated in violation of this Article.Upon such a finding, the court may declare any such action null and void. Anyperson may seek such a declaratory judgment, and the plaintiff need not allegeor prove special damage different from that suffered by the public at large. Thepublic body whose action the suit seeks to set aside shall be made a party. Thecourt may order other persons be made parties if they have or claim any right,title, or interest that would be directly affected by a declaratory judgmentvoiding the action that the suit seeks to set aside.

(b)        A suit seeking declaratory relief under this section must becommenced within 45 days following the initial disclosure of the action thatthe suit seeks to have declared null and void; provided, however, that any suitfor declaratory judgment brought pursuant to this section that seeks to setaside a bond order or bond referendum shall be commenced within the limitationperiods prescribed by G.S. 159‑59 and G.S. 159‑62. If thechallenged action is recorded in the minutes of the public body, its initialdisclosure shall be deemed to have occurred on the date the minutes are firstavailable for public inspection. If the challenged action is not recorded inthe minutes of the public body, the date of its initial disclosure shall bedetermined by the court based on a finding as to when the plaintiff knew orshould have known that the challenged action had been taken.

(c)        In making the determination whether to declare thechallenged action null and void, the court shall consider the following and anyother relevant factors:

(1)        The extent to which the violation affected the substance ofthe challenged action;

(2)        The extent to which the violation thwarted or impairedaccess to meetings or proceedings that the public had a right to attend;

(3)        The extent to which the violation prevented or impairedpublic knowledge or understanding of the people's business;

(4)        Whether the violation was an isolated occurrence, or was apart of a continuing pattern of violations of this Article by the public body;

(5)        The extent to which persons relied upon the validity of thechallenged action, and the effect on such persons of declaring the challengedaction void;

(6)        Whether the violation was committed in bad faith for thepurpose of evading or subverting the public policy embodied in this Article.

(d)        A declaratory judgment pursuant to this section may beentered as an alternative to, or in combination with, an injunction enteredpursuant to G.S. 143‑318.16.

(e)        The validity of any enacted law or joint resolution orpassed simple resolution of either house of the General Assembly is notaffected by this Article. (1985 (Reg. Sess., 1986), c. 932, s. 1; 1991, c. 694, s. 8.)