Please ensure Javascript is enabled for purposes of website accessibility

Municipal – Zoning – Remote Meetings – State of Emergency 

Municipal – Zoning – Remote Meetings – State of Emergency 

Plaintiff argues that the defendant-city violated its own City Council Rule 28 by holding an electronic meeting via WebEx to decide a matter that could have been postponed, i.e., the rezoning of property to allow the construction of up to 280 townhouses adjacent to plaintiff’s land. However, the meeting was held during the state of emergency declared by the governor due to the Covid-19 pandemic. Where City Council Rule 28 conflicted with G.S. § 166A-19.24 – allowing remote meetings notwithstanding any other provision of law – the state statute controls. 

We affirm judgment on the pleadings for defendants. 

Mozeley v. City of Charlotte (Lawyers Weekly No. 012-369-22, 25 pp.) (Jefferson Griffin, J.) Appealed from Mecklenburg County Superior Court (Daniel Kuehnert, J.) Allen Brotherton for plaintiff; Thomas Power, John Benjamin, Jake Garris and Roy Michaux for defendants. 2022-NCCOA-576 

Top Legal News

See All Top Legal News


See All Commentary