North Carolina: Supreme Court citation practice | Citation rule(s)


Examples from Craig v. County of Chatham, 356 N.C. 40, 565 S.E.2d 172 (2002)

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The enactment and operation of a general, statewide law does not necessarily prevent a county from regulating in the same field. However, preemption issues arise when it is shown that the legislature intended to implement statewide regulation in the area, to the exclusion of local regulation. See N.C.G.S. § 160A-174(b) (5) (2001). "'Municipal by-laws and ordinances must be in harmony with the general laws of the State, and whenever they come in conflict with the general laws, the by-laws and ordinances must give way.'" State v. Williams, 283 N.C. 550, 552, 196 S.E.2d 756, 757 (1973) (quoting Town of Washington v. Hammond, 76 N.C. 33, 36. (1877)). The law of preemption is grounded in the need to avoid dual regulation. See, e.g., 283 N.C. at 554, 196 S.E.2d at 759.

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Turning now to the Health Board Rules enacted by the Chatham County Board of Health, we note that they contain more stringent rules than those established in the EMC regulations. However, N.C.G.S. § 130A-39 specifically grants local boards of health the power to enact rules which are more strict when they are "required to protect the public health." N.C.G.S. § 130A-39(b). In an effort to protect the environment, the EMC has created a system of permitting and inspection which regulates waste management systems on farms, including swine farms of more than 250 swine. See 15A NCAC 2H .0217(a) (1) (A) (Sept. 2001).

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In holding that the Swine Ordinance and the Health Board Rules were preempted by state law, the Court of Appeals reasoned that the Chatham County Board of Commissioners and the Chatham County Board of Health sought to regulate an area in which the General Assembly had provided a "complete and integrated regulatory scheme" of swine farm regulations. Craig v. County of Chatham, 143 N.C. App. 30, 545 S.E.2d 455 (2001); see also N.C.G.S. § 160A-174(b) (5). We concur in this assessment.

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N.C. R. App. P., App. B, http://www.aoc.state.nc.us/www/public/html/pdf/therules.pdf.

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TABLE OF CASES AND AUTHORITIES

Immediately following the index and before the inside caption, all briefs, petitions, and motions greater than
five pages in length shall contain a table of cases and authorities. Cases should be arranged alphabetically, followed
by constitutional provisions, statutes, regulations, and other textbooks and authorities. The format should be similar
to that of the index. Citations should be made according to the most recent edition of A Uniform System of Citation.
Citations shall include parallel citations to official state reporters.

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