Northwest Property Group, LLC v. Town of Carrboro. (Lawyers Weekly No. 09-07-1157, 48 pp.) (Sam Ervin IV, J.) (Robert C. Hunter, J., concurring in part & dissenting in part) Appealed from Orange County Superior Court. (R. Allen Baddour Jr., J.) N.C. App. Holding: Even though petitioner’s application for a conditional use permit was facially complete, [...]
Sandy Mush Properties, Inc. v. Rutherford County. (Lawyers Weekly No. 09-06-0799, 1 p.) (Per Curiam) From the Court of Appeals. N.C. S. Ct. Holding: Where our Court of Appeals held that Robins v. Town of Hillsborough, 361 N.C. 193, 639 S.E.2d 421, had no effect on this case, discretionary review was improvidently allowed.
Murdock v. Chatham County. (Lawyers Weekly No. 09-07-0658, 15 pp.) (Sanford L. Steelman Jr., J.) Appealed from Chatham County Superior Court. (Kenneth C. Titus, J.) N.C. App. Holding: The defendant-county’s zoning ordinance required 30 days’ notice before a hearing on an amendment of the ordinance. The county was required to follow its own procedures, and [...]
Thrash Ltd. Partnership v. County of Buncombe. (Lawyers Weekly No. 09-07-0227, 10 pp.) (Sanford L. Steelman Jr., J.) Appealed from Buncombe County Superior Court. (James U. Downs, J.) N.C. App. Holding: The defendant-county adopted an ordinance regulating multi-family dwellings, applying different rules depending upon elevation above sea level. Plaintiff’s property was within the middle tier [...]
Thrash Ltd. Partnership v. County of Buncombe. (Lawyers Weekly No. 09-07-0226, 14 pp.) (Sanford L. Steelman Jr., J.) Appealed from Buncombe County Superior Court. (James U. Downs, J.) N.C. App. Holding: The defendant-county’s zoning ordinance applied to only two of its townships. When the county decided to apply the ordinance to its remaining townships, the [...]
