Blowing Rock council swears in new town attorney, adopts resolution delegating litigation authority

The Blowing Rock Town Council on Dec. 10 swore in Joey Petrach as the town’s new attorney and adopted Resolution No. 2024-11, authorizing the town attorney to initiate and pursue legal actions, collect fines and fees, and retain outside counsel as needed without requiring a separate council resolution for each case.

The resolution as read during the meeting cites North Carolina General Statutes 160A-173 and 160A-12 and references the North Carolina Supreme Court decision Town of Midland v. Harold to justify delegating prosecutorial and litigation initiation authority to the town attorney. The adopted language grants the town attorney authority “to initiate and pursue legal action on behalf of the town for the enforcement of ordinances, the collection of fines, fees, taxes, and other sums due and owing to the town without need of further resolution or ordinance to be adopted by the town council,” and to “initiate and pursue legal action for the town on any matter including but not limited to eminent domain, contractual breaches, declaratory action,” and to retain outside counsel at the attorney’s discretion.

Council members voted to approve the resolution on the record. After the vote, the new town attorney addressed the council, calling it “an honor to be selected as the town’s attorney,” and expressed readiness to begin work.

The council retained the right, as the resolution states, to redirect the town attorney on matters it deems appropriate. The resolution was adopted at the Dec. 10 regular meeting and took effect immediately upon passage.