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>>> A NEW RESTRICTION ON 

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CHALLENGES TO STATE LAWS HAD 

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ITS FIRST AIRING TODAY. 

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>> A LAW PAZED EARLIER THIS 

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YEAR REQUIRES ANY 

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CONSTITUTIONAL CHALLENGE TO A 

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STATE LAW TO GO BEFORE A THREE 

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JUDGE PANEL INSTEAD OF A SINGLE 

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JUDGE. 

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WRAL'S CAPITAL BUREAU CHIEF 

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JOINS US WITH NEW DEVELOPMENTS. 

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>> Reporter: THE LEGAL FIGHT IS 

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OVER THE TOWN OF BOONE'S 

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ABILITY TO MANAGE LAND ON THE 

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EDGES OF THE TOWN'S BOUNDARIES. 

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IT'S A POWER CALLED 

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EXTRATERRITORIAL JURISDICTION. 

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HUNDREDS USE IT TO PLAN AND 

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MANAGE DEVELOPMENT UP TO THREE 

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MILES OUTSIDE THEIR CITY 

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LIMITS. 

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THE TOWN OF BOONE IS IN A 

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FAIRLY SMALL MOUNTAIN. 

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THEY USE IT TO RESTRICT 

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DEVELOPMENT ON STEEP HILLSIDES. 

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THEY'RE CONCERNED ABOUT 

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EROSION, LANDSLIDES AND LIMITED 

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WATER SUPPLY. 

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REPUBLICAN LAWMAKERS SAID THE 

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TOWN BEING TOO RESTRICTIVE, SO 

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LAST YEAR THEY PASSED A BILL 

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TAKING AWAY BOONE'S ETJ POWER. 

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BOONE OFFICIALS SAY THE LAW WAS 

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A LEGISLATIVE FAVOR TO RICH 

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DEVELOPERS. 

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THE STATE SAID TODAY THERE'S NO 

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PROOF OF THAT. 

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ATTORNEY LAUREN CLEMONS SAY THE 

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STATE GAVE THE POWER SO THE 

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STATE CAN TAKE IT APAY. 

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SHE SAYS THE TOWN MISUSED ITS 

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POWER. 

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>> THE VOTERS AND THE PROPERTY 

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OWNERS IN THE ETJ CAN'T VOTE 

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FOR THE TOWN COUNCIL. 

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SO THERE IS A RATIONAL -- 

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AND LOCK IT. 

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THIS IS ABOUT THE GENERAL 

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ASSEMBLY MAKING DECISIONS FOR 

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OUR CITIES AND TOWNS RATHER 

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THAN LEAVING THEM TO THOSE ON 

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THE GROUND WHO KNOW THEIR 

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COMMUNITIES BEST. 

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THE THREE-JUDGE PANEL DID NOT 

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ISSUE A RULING TODAY. 

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BOONE IS SCHEDULED TO LOUISIANA 

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ITS ETJ AUTHORITY JANUARY 1st. 

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>> THANK YOU. 

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>>> IF YOU BOUGHT GASOLINE