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21 <br />384 modifying the statute of limitations for the appeal of local government decisions. <br />The new law has the following impact: <br />1. The law lengthens the statute of limitations from 2 months to 3 years for suits <br />alleging irregularities in ordinance adoption and clarifies that the timeline to <br />appeal begins from the date of ordinance adoption. <br />2. With respect to contesting the validity of text amendments, the statute of <br />limitations to file an appeal is extended from 2 months to 1 year. However, <br />the General Assembly has included language indicating that the `period of <br />appeal' does not even begin to run until the party, typically the property owner, <br />"first has standing to challenge the ordinance." <br />From staff's standpoint this practically extends the ability for an appeal to be <br />filed in perpetuity. <br />3. A final modification allows individuals to challenge the validity of an ordinance <br />during appeals of enforcement actions regardless of how many years has <br />passed since the ordinance was adopted. Prior to the adoption of this law, <br />North Carolina case law has held that a violator may not raise the possible <br />invalidity of the ordinance violated as a defense to an enforcement action. '' <br />This is no longer the case. <br />1. Analysis <br />i ~ ne amendment is necessary to incorporate recent modifications to State law <br />concerning the rights of local citizens to appeal decisions by the local governing <br />board (Board of County Commissioners) from both a legislative (i.e. text amendment, <br />rezoning, etc.) and a quasi judicial (i.e. special use permit, etc.) perspective. <br />It should be noted that staff has concerns over the implications over the recently <br />adopted„ language and is working with other local governments and professional <br />organizations to articulate these concerns to members of the General Assembly.. <br />Unfortunately we cannot delay this amendment in order wait to see if these actions <br />will be successful <br />2. Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives) <br />This is a house keeping item in order to ensure local regulations are consistent with <br />recently modified State regulations. There is no direct link to the Comprehensive <br />Plan for these amendments. <br />3. New Statutes and Rules <br />Session Law 2011-384 revises several sections of the North Carolina General <br />Statutes changing the statute of limitations for various local government decisions. <br />2 <br />