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Tag Archives: Development

Zoning – Public school construction – Adequate public facilities fees – Development – Voluntary mitigation payments (access required)

Mardan IV, LLC v. Cnty. of Cabarrus For the reasons stated in Lanvale Properties, LLC v. Cnty of Cabarrus, above: Absent specific authority from the General Assembly, Adequate Public Facilities Ordinances (APFOs) that effectively require developers to pay a fee to obtain development approval are invalid as a matter of law.

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Zoning – Public school construction – Adequate public facilities fees – Development – Voluntary mitigation payments (access required)

Craft Dev., LLC v. Cnty. of Cabarrus For the reasons stated in Lanvale Properties, LLC v. Cnty of Cabarrus, above: Absent specific authority from the General Assembly, Adequate Public Facilities Ordinances (APFOs) that effectively require developers to pay a fee to obtain development approval are invalid as a matter of law.

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Civil Practice – Pleadings – Multiple Plaintiffs & Defendants – Real Property – Bankrupt Developers (access required)

Allen v. Land Resource Group of North Carolina, LLC. In a case involving 22 plaintiffs, 29 defendants and at least 15 causes of action, it is imperative that plaintiffs' complaint specify which plaintiff(s) is alleging which cause(s) of action against which defendant(s). Plaintiffs have 30 days to file a statement of claims. N.C. R. Civ. P. 10(b) specifies that each paragraph in a pleading be limited to a single set of circumstances and that each claim is founded upon a separate transaction or occurrence. Rules 20 and 21 provide the courts and counsel with management tools to join or sever parties and claims in a manner that promotes judicial economy and justice. Clear and concise pleadings that spell out which claims are asserted against which defendants are essential to the decision-making process under Rules 20 and 21. Failure to properly plead separate causes of action and to identify specifically the party against whom a claim is asserted may be an indication of a Rule 11 violation. The amended complaint fails to tell the court or defendants which claims are asserted against which defendants by which plaintiffs.

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Administrative – Real Property – Environmental Issues – Development – Coastal Area Management Act (access required)

Canady v. N.C. Coastal Resources Commission. In a case involving permits under the Coastal Area Management Act, the decisions of the administrative agency charged with interpreting its own regulations are entitled to deference on appeal, but the decisions of its staff are not.

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