Municipal – Zoning – Conditional Use – Group Home – Neighbors’ Fears

Livingston v. Robeson County (Lawyers Weekly No. 12-16-0764, 15 pp.) (John C. Martin, Ch.J.) Appealed from Robeson County Superior Court. (Robert F. Floyd Jr., J.) N.C. App. Unpub. Full-text opinion.

Holding: The denial of petitioner’s application for a permit to operate a group home was based entirely on evidence of the generalized fears of neighbors; therefore, the denial of the conditional use permit was not based on substantial, material and competent evidence in the record, and it was arbitrary and capricious.

We reverse the superior court’s order affirming the board of county commissioner’s denial of the permit. We remand with direction to issue the requested conditional use permit to petitioner.