Municipal – Zoning – Subdivision Development – Street Width – Hardship Decision – Quasi-Judicial – Due Process

Butterworth v. City of Asheville (Lawyers Weekly No. 011-172-16, 14 pp.) (Chris Dillon, J.) Appealed from Buncombe County Superior Court (Mark Powell, J.) N.C. App.

Holding: Asheville’s Planning and Zoning Commission had to exercise discretion when it decided whether to allow a developer’s new subdivision to be built with roads narrower than otherwise permitted by city regulations. Therefore, the commission’s decision was quasi-judicial rather than administrative or ministerial, and the petitioner-neighbors were entitled to “fair trial standards” in their challenge to the commission’s decision.

We reverse the superior court’s dismissal of the petition and remand to the commission for proceedings including an evidentiary hearing with the right of the parties to offer evidence, cross-examine adverse witnesses, inspect documents, have sworn testimony, and have written findings of fact supported by competent, substantial, and material evidence.