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Jan 27, 2021

Municipal – Confederate Statute Removal – Declaratory Judgment Action – Standing

  Where plaintiffs’ complaint established no basis for ownership or any other interest in a Confederate memorial statue—which plaintiffs did not claim to own and which was located on privately owned property—plaintiffs therefore alleged no legally protected interest that was invaded by defendants’ removal of the statue. We affirm the trial court’s dismissal of plaintiffs’ [&hellip[...]

Jan 20, 2021

Municipal Impact – Fees – Civil Practice – Class Action – Certification – Refund Claim

Even if there were a statute of repose requiring plaintiffs to challenge an impact-fee ordinance within nine months of the ordinance’s passage, plaintiffs challenge the collection of the impact fee rather than the adoption of the ordinance. Moreover, the General Assembly’s repeal of the legislation authorizing impact fees also repealed the purported statute of repose […]

Jan 9, 2021

Municipal – Joint Airport Authority – Real Property Lease – Expansive Charter – Public Meetings

  The charter establishing the Raleigh-Durham Airport Authority (RDUAA) allows RDUAA to enter into a lease with any business subject only to (1) a 40-year term, (2) any FAA restrictions based on federal grants and (3) the requirement that RDUAA deem the transaction advantageous to airport development. There is no evidence that a 40-year lease […]

Jun 11, 2020

Municipal –  Public Utilities – Real Property – Impact Fees

Where the charter of the Greenville Utilities Commission empowers GUC to charge for contemporaneous use of its water and sewer systems, the charter does not contemplate charges for future services. Therefore, the charter did not authorize GUC to charge the plaintiff-developers impact fees for future services. We reverse summary judgment for defendant. Kidd Construction Group, […]

Apr 9, 2020

Municipal – Zoning – CUP – Burden of Production – No Opposing Evidence

Where petitioner PHG presented competent, material, and substantial evidence that its proposed hotel satisfied the relevant conditional use permit standards set out in the respondent-city’s unified development ordinance, and where the record contains no competent, material, and substantial evidence tending to establish that the proposed development failed to satisfy the applicable ordinance stan[...]

Apr 9, 2020

Municipal – Extraterritorial Jurisdiction Extension – County Approval Required

Because Moore County was already enforcing a zoning ordinance, subdivision regulations and the State Building Code in the area to which the Town of Pinebluff sought to extend its extraterritorial jurisdiction (ETJ), Pinebluff needed Moore County’s agreement or approval to extend its ETJ. We reverse the Court of Appeals’ holding that Pinebluff did not need […]

Jan 2, 2020

Municipal  – Public Utilities – Impact Fees – City Charter – Constitutional Avoidance

Both sides present reasonable interpretations of the defendant-city’s charter—in which the General Assembly gave the city’s Board of Light and Water Commissioners authority to levy prospective fees for water and sewer service—and session laws extinguishing the board and transferring its powers to the city. However, since the plaintiff-developers’ interpretation avoids the serious constit[...]

Oct 28, 2019

Municipal – Zoning – Conditional Use Permits – Interconnectivity

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 Beach Development Co. (CBDC), which intended to put a Publix grocery store on the property […]

Aug 4, 2019

Municipal  – Subject Matter Jurisdiction – Nuisance – No Resolution – Outside Counsel

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 court’s grant of defendants’ motions to dismiss. The city’s complaint prayed that defendant Smith – […]

Jul 18, 2019

Municipal  – Constitutional – Due Process – Zoning – Solar Farm – Commissioner’s Bias

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 for a conditional use permit. Permenter’s bias and commitment to denying petitioners’ request for a [...]

May 24, 2019

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 interlocutory determination becomes binding on the county. We affirm the superior court’s decision upholding the […]

Mar 1, 2019

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 to either ordinance; consequently, the trial court lacked subject matter jurisdiction over plaintiff’s attempt to [&he[...]

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