According to the News and Observer, George’s Towing will appear before a three-judge panel to express that the Town overstepped its authority last year.
The ordinance in question was enacted in response to complaints about predatory towing in downtown Chapel Hill. Residents and visitors alike complained that in many lots, there weren’t enough clear signs indicating where it was and wasn’t acceptable to park—and that when they were towed, they were forced to find transportation to a distant lot, nowhere near an ATM, to find that the operators would only release their cars if they paid in cash.
Most of the complaints centered around the one company, George’s Towing, owned by George King—and it was King who filed suit against the Town when it enacted the ordinance.
In August, Superior Court Judge Orlando Hudson issued a sweeping ruling, striking down not only the towing ordinance, but the controversial first-in-the-nation cell-phone driving ban.
The Town Council voted to appeal the ruling which forced Monday’s hearing.
Chapel Hill Mayor Mark Kleinschmidt as well as the Town’s attorney Ralph Karpinos will be in attendance. Karpinos will be delivering the argument on behalf of the Town.
The three-judge court of appeals panel will rule on Monday whether or not the Town was within its legal boundaries when creating the ordinance.