Fehrenbacher v. City of Durham (Lawyers Weekly No. 15-07-0113, 24 pp.) (Linda Stephens, J.) Appealed from Durham County Superior Court (Howard Manning Jr., J.) N.C. App. Holding: Even though petitioners will probably always recognize the proposed 120-foot fake pine as ...Read More »
Six at 109, LLC v. Town of Holden Beach (Lawyers Weekly No. 15-07-0023, 20 pp.) (Wanda Bryant, J.) Appealed from Brunswick County Superior Court (Gary Trawick, J.) N.C. App. Holding: Even though the building inspector’s findings mentioned the ocean and ...Read More »
Municipal — Outdoor Sign Ordinance – Discontinued Use – Zoning — City Attorney’s Advice – Civil Practice – Necessary Party
MYC Klepper/Brandon Knolls L.L.C. v. Board of Adjustment (Lawyers Weekly No. 15-07-0020, 14 pp.) (Martha Geer, J.) Appealed from Buncombe County Superior Court (Alan Thornburg, J.) N.C. App. Holding: A nonconforming billboard was taken down from its poles for more ...Read More »
AGI Associates LLC v. City of Hickory, N.C. (Lawyers Weekly No. 14-01-1182, 16 pp.) (Davis, J.) No. 13-2097, Dec. 11, 2014; USDC at Statesville, N.C. (Voorhees, J.) 4th Cir. Holding: A city acted in a proprietary, not a governmental, capacity ...Read More »
Town of Black Mountain v. Lexon Insurance Co. (Lawyers Weekly No. 14-07-1172, 16 pp.) (Robert C. Hunter, J.) Appealed from Buncombe County Superior Court (Gary Gavenus, J.) N.C. App. Holding: After the plaintiff-county approved subdivision projects and the defendant-sureties issued ...Read More »
Byrd v. Franklin County (Lawyers Weekly No. 14-07-1063, 20 pp.) (Chris Dillon, J.) (Robert C. Hunter, J., concurring in part & dissenting in part) Appealed from Franklin County Superior Court (Robert Hobgood, J.) N.C. App. Holding: Where the Franklin County ...Read More »
Shearl v. Town of Highlands (Lawyers Weekly No. 14-07-0848, 15 pp.) (Robert N. Hunter Jr., J.) Appealed from Macon County Superior Court (James Downs, J.) N.C. App. Holding: Once a town meets its burden of establishing the existence of a ...Read More »
Fort v. County of Cumberland (Lawyers Weekly No. 14-07-0799, 22 pp.) (Douglas McCullough, J.) Appealed from Cumberland County Superior Court (C. Winston Gilchrist, J.) N.C. App. Holding: Where the evidence indicated that the gun range in question does not qualify ...
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Municipal – Illegal Spot Zoning – Agricultural to Heavy Manufacturing – Attorney’s Fees – Discretionary
Etheridge v. County of Currituck (Lawyers Weekly No. 14-07-0747, 25 pp.) (Ann Marie Calabria, J.) Appealed from Currituck County Superior Court (Walter Godwin Jr., J.) N.C. App. Holding: The defendant-county engaged in illegal spot zoning when it rezoned a 1.1-acre ...
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Municipal – Zoning – Ordinance Amendment – Statement of Consistency – Explanation – Parking Deck Exemption
Atkinson v. City of Charlotte (Lawyers Weekly No. 14-07-0740, 9 pp.) (Ann Marie Calabria, J.) Appealed from Mecklenburg County Superior Court (Robert Sumner, J.) N.C. App. Holding: When the defendant-city amended its zoning ordinance to exempt certain parking decks from ...
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