Where (1) the respondent-town granted a conditional use permit to petitioner-developer Jubilee Carolina, LLC, to develop a Harris Teeter grocery store, which included connectivity with a neighboring shopping center and (2) the shopping center was then sold to respondent-developer Carolina ...Read More »
In order to bring suit through outside counsel, the plaintiff-city’s ordinances required that the city council adopt a resolution. Without this required vote, the council lacked the authority to commence legal proceedings against the defendant Nances. We affirm the trial ...Read More »
Before his election to the board of county commissioners, Commissioner Permenter vocally opposed the solar farm proposed by petitioners. Once Permenter was elected, when this matter came before the board, he presented biased, one-sided and incomplete evidence opposing petitioners’ application ...Read More »
Municipal – Zoning – Asphalt Plant Permit – Ordinance Requirements – Preliminary Determination – Moratorium & Ordinance Choice
Where a county planning department official makes an interlocutory determination, and where an applicant relies on that determination to its detriment, the determination must be appealed by the county to its board of adjustment within 30 days; otherwise, the official’s ...Read More »
Municipal – Minimum Housing Ordinance – Civil Practice – Subject Matter Jurisdiction – Failure to Exhaust Administrative Remedies
Although some of the issues set out in plaintiff’s complaint arose prior to the defendant-town’s adoption of its 2015 minimum housing ordinance, the 2015 ordinance replaced a 1995 minimum housing ordinance. Plaintiff failed to exhaust his administrative remedies with respect ...Read More »
Where the petitioner-developer’s expert in real estate appraisal certified, “The reported analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics & Standards of Professional Appraisal Practice ...Read More »
Although the defendant-county was enforcing a zoning code, subdivision regulations and the State Building Code within two miles of the plaintiff-town’s limits, a local act nevertheless required the county to approve the town’s expansion of its extraterritorial jurisdiction without requiring ...
Tagged with: Extraterritorial JurisdictionRead More »
When a BMW store applied for a renovation permit but then performed a demolition instead, the City of Rockville, Maryland, revoked the previously-granted permit. The company’s initial permit applications contained material misrepresentations, so it had no property interest that could ...
Tagged with: PermitsRead More »
The plaintiff-developers’ injury arose when they paid the water and sewer impact fees imposed by the defendant-town, not when the town adopted the ordinance requiring payment of the fees. Therefore, plaintiffs’ claims arose between May 1, 2006 and June 30, ...
Tagged with: Public UtilitiesRead More »