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Zoning – Environmental – High Impact Uses – Constitutional – Equal Protection – Commerce Clause – Preemption (access required)

PBK Holdings, LLC v. Cnty. of Rockingham (Lawyers Weekly No. 14-07-0296, 32 pp.) (J. Douglas McCullough, J.) Appealed from Rockingham County Superior Court (Richard L. Doughton, J.) N.C. App. Holding: We reject plaintiff’s argument that the Rockingham County’s ordinance defining ...

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Zoning – Fence Regulation – Constitutional — Procedural Due Process – Opportunity to Be Heard – Interpretation of Regulation (access required)

Lipinski v. Town of Summerfield Although petitioner had a property interest in his fence, his procedural due process rights were not violated, and he was afforded meaningful opportunity to be heard where the town sent written notice of the hearing, town officials answered petitioner’s questions in advance of the hearing, and petitioner had a chance to ask questions and testify at the hearing.

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Zoning – Court Upholds Denial of Substation Expansion (access required)

Washington Gas Light Co. v. Prince George’s County Council A gas company seeking to expand its natural gas substation in Prince George’s County, Md., cannot challenge the county’s denial of their request in this federal lawsuit; the 4th Circuit affirms the district court decision dismissing the company’s claim under the state’s “mandatory referral statute” and granting summary judgment to the county on state and federal preemption claims.

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Civil Practice – Statute of Repose – Real Property – Developer – Subdivision Road – Last Act (access required)

The Glens of Ironduff Property Owners Association, Inc. v. Daly Even though the road into plaintiff’s subdivision was paved in 2005, it has been used for access to the subdivision since before March 2004, and the last acts or omissions by the defendant-developer that allegedly led to the erosion of the road by an adjacent stream bed also took place before March 2004.

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Zoning – Municipal – Civil Practice – Standing – ‘Contract Zoning’ – No Reciprocal Obligations – County Development Partnership – Appeals – Attorney’s Fees (access required)

Morgan v. Nash County The plaintiff-city does not have standing to contest the defendant-county’s rezoning of county land to allow industrial uses, potentially including a poultry processing plant. Although the proposed sprayfields for the potential processing plant are located in the watershed from which the city draws half its water supply, the land for the proposed sprayfields was not rezoned.

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Zoning – Public school construction – Adequate public facilities fees – Development – Voluntary mitigation payments (access required)

Mardan IV, LLC v. Cnty. of Cabarrus For the reasons stated in Lanvale Properties, LLC v. Cnty of Cabarrus, above: Absent specific authority from the General Assembly, Adequate Public Facilities Ordinances (APFOs) that effectively require developers to pay a fee to obtain development approval are invalid as a matter of law.

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Zoning – Public school construction – Adequate public facilities fees – Development – Voluntary mitigation payments (access required)

Craft Dev., LLC v. Cnty. of Cabarrus For the reasons stated in Lanvale Properties, LLC v. Cnty of Cabarrus, above: Absent specific authority from the General Assembly, Adequate Public Facilities Ordinances (APFOs) that effectively require developers to pay a fee to obtain development approval are invalid as a matter of law.

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Local government authority – Zoning – Public school construction – Adequate public facilities fees – Development – Voluntary mitigation payments (access required)

Lanvale Properties v. Cnty of Cabarrus Absent specific authority from the General Assembly, Adequate Public Facilities Ordinances (APFOs) that effectively require developers to pay a fee to obtain development approval are invalid as a matter of law.

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Zoning – Public Utilities – Cell Phone Tower – Conditional Use Permit (access required)

T-Mobile Northeast LLC v. City Council of Newport News, Va. The 4th Circuit upholds an injunction directing that T-Mobile’s application be granted for a conditional use permit to allow construction of a wireless communication tower at an elementary school in Newport News, Va.

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