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Municipal – Civil Practice – Subject Matter Jurisdiction – Exhaustion of Administrative Remedies – Minimum Housing Ordinance
Cheatham v. Town of Taylortown (Lawyers Weekly No. 011-221-17, 8 pp.) (Hunter Murphy, J.) Appealed from Moore County Superior Court (James Webb, J.) N.C. App. Holding: Once the defendant-town adopted its Minimum Housing Ordinance on June 19, 2015, the plaintiff-property owner was required to exhaust his remedies under the ordinance before filing suit, so the […]
Municipal – Minority-Owned Business Can Sue City Over Loan
Woods v. City of Greensboro (Lawyers Weekly No. 001-107-17, 33 pp.) (Davis, S.J.) No. 16-1044, May 5, 2017; USDC at Greensboro, N.C. (Osteen, J.) 4th Cir. Holding: A minority-owned business states a plausible racial bias claim under 42 U.S.C. § 1981 against the city of Greensboro, N.C., for allegedly granting, then denying a $300,000 economic […]
Municipal – Open Meetings Law – One-on-One Discussions – Agenda Amendment – Historic Schoolhouse
Hildebran Heritage & Development Association, Inc. v. Town of Hildebran (Lawyers Weekly No. 011-081-17, 23 pp.) (Ann Marie Calabria, J.) (Wanda Bryant, J., concurring in part & dissenting in part) Appealed from Burke County Superior Court (Joseph Crosswhite, J.) N.C. App. Holding: Prior to a town council meeting, a councilman had one-on-one meetings with other […]
Municipal – Zoning – Storage Building Permit – Commercial Use Finding – Standard of Review
Thompson v. Town of White Lake (Lawyers Weekly No. 011-076-17, 15 pp.) (Lucy Inman, J.) Appealed from Bladen County Superior Court (James Gregory Bell, J.) N.C. App. Holding: The respondent-town’s zoning inspector gave three reasons for the town’s intended revocation of petitioner’s permit to build a storage building on her property, but the town’s board […]
Municipal – Zoning – Storage Building Permit – Commercial Use Finding – Standard of Review
Thompson v. Town of White Lake (Lawyers Weekly No. 011-076-17, 15 pp.) (Lucy Inman, J.) Appealed from Bladen County Superior Court (James Gregory Bell, J.) N.C. App. Holding: The respondent-town’s zoning inspector gave three reasons for the town’s intended revocation of petitioner’s permit to build a storage building on her property, but the town’s board […]
Municipal – Zoning – Improvements Bond – New Developer – Enforcement
Brookline Residential, LLC v. City of Charlotte (Lawyers Weekly No. 011-019-17, 18 pp.) (Mark Davis, J.) Appealed from Mecklenburg County Superior Court (Hugh Lewis, J.) N.C. App. Holding: A developer obtained a bond to guarantee construction of the roads in its planned development, but the developer lost its land to foreclosure. The successor developer cannot […]
Municipal – Illegal Impact Fees – Estoppel by Acceptance of Benefits – Inapplicable – Civil Practice – Statute of Limitations – Attorneys’ Fees
Quality Built Homes Inc. v. Town of Carthage (Lawyers Weekly No. 012-019-17, 11 pp.) (Wanda Bryant, J.) Appealed from Moore County Superior Court (James Webb, J.) On remand from the N.C. Supreme Court. N.C. App. Unpub. Holding: Where (1) the plaintiff-developers’ actions in paying the defendant-town’s illegal water and sewer impact fees were not voluntary; […]
Municipal – Zoning – Notice & Hearings – Process Resolution
Pittsboro Matters, Inc. v. Town of Pittsboro (Lawyers Weekly No. 012-018-17, 27 pp.) (Wendy Enochs, J.) Appealed from Chatham County Superior Court (Paul Ridgeway, J.) N.C. App. Unpub. Holding: The defendant-town could adopt its small-area-plan review and approval process without the notice and public hearings required by G.S. § 160A-364 because the adopted process merely […]
Municipal – Tree-Removal Ordinance – Responsible Party – Neighbors
Lewis-Solar v. Town of Beech Mountain (Lawyers Weekly No. 012-221-10, 9 pp.) (Richard Dietz, J.) Appealed from Watauga County Superior Court (R. Gregory Horne, J.) N.C. App. Unpub. Holding: Although part of the respondent-town’s tree-removal ordinance makes a property owner responsible for penalties arising from unauthorized three removal, other provisions of the ordinance make it […]
Municipal – Zoning – Truck Stop – Recused Council Member
Campbell v. City of Statesville (Lawyers Weekly No. 012-193-16, 14 pp.) (Ann Marie Calabria, J.) Appealed from Iredell County Superior Court (Mark Klass, J.) N.C. App. Unpub. Holding: Statesville City Council member Michael Schlesinger lived half a mile from a proposed truck stop, his home value might be affected by the truck stop, and – […]
Municipal – Public Utilities – Water & Sewer – Impact Fees – Future Use – Statutory Construction
Quality Built Homes Inc. v. Town of Carthage (Lawyers Weekly No. 010-036-16, 12 pp.) (Paul Newby, J.) Appealed from Moore County Superior Court (James Webb, J.) On discretionary review from the Court of Appeals. N.C. S. Ct. Holding: The enabling statutes for municipal water and sewer fees are in the present tense, so the town […]
Municipal – Labor & Employment – Constitutional – Promotion Process – First Impression
Tully v. City of Wilmington (Lawyers Weekly No. 011-297-16, 23 pp.) (Linda Stephens, J.) (Wanda Bryant, J., dissenting) Appealed from New Hanover Superior Court (Gary Trawick, J.) N.C. App. Holding: Plaintiff alleges that he was required to score in the top 50th percentile of the police department’s exam to qualify for a promotion, but that […]
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