Real Property – Zoning – Spot-Zoning Challenge – Standing – Neighboring Landowners

The defendant-county changed the zoning of a 12-acre parcel to match the zoning of an adjacent 150-acre parcel, both owned by defendant Terra Equity, Inc. Plaintiffs challenge the rezoning of the 12-acre tract as illegal spot zoning; however, only one plaintiff owns land adjacent to the 12-acre tract, and that plaintiff’s land also abuts Terra Equity’s 150-acre tract. Plaintiff’s allegations – that the rezoning will diminish the value of their land; will cause secondary adverse effects due to noise, traffic, pollution, destruction of the rural character of the surrounding area; and will impair the use and enjoyment of their property – are insufficient to show the special damages necessary to establish standing to challenge the rezoning of the 12-acre parcel, especially since the prior rezoning of the adjacent 150 acres is not being challenged.

We affirm the trial court’s order dismissing this action.

Mitchell v. Orange County (Lawyers Weekly No. 012-229-22, 5 pp.) (Chris Dillon, J.) Appealed from Orange County Superior Court (Allen Baddour, J.) Michelle Liguori for plaintiffs; Matthew Nis Leerberg, Kip Nelson, Judson Welborn and James Bryan for defendants. 2022-NCCOA-362