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KING v. TOWN OF CHAPEL HILL

No. 281PA13.

758 S.E.2d 364 (2014)

George KING d/b/a George's Towing and Recovery, v. TOWN OF CHAPEL HILL.

Supreme Court of North Carolina.

June 12, 2014.

Attorney(s) appearing for the Case

Stark Law Group, PLLC, by Thomas H. Stark and Seth A. Neyhart , for plaintiff-appellant.

Ralph D. Karpinos , Attorney for the Town of Chapel Hill; Matthew J. Sullivan , Staff Legal Advisor, Town of Chapel Hill; and Frederick P. Johnson , for defendant-appellee.

Kimberly S. Hibbard , General Counsel, and Gregory F. Schwitzgebel III Senior Assistant General Counsel, for North Carolina League of Municipalities, amicus curiae.

NEWBY, Justice.

In this case we examine the scope of a municipality's power to regulate both the business of towing vehicles parked in private lots and the use of mobile telephones while driving. Municipalities are vested with general police power to regulate or prohibit acts detrimental to their citizens' health, safety, or welfare. N.C.G.S. § 160A-174 (2013). Even so, that authority is limited in scope, constrained by State and federal laws, as well as by inherent...

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