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Zoning – Public school construction – Adequate public facilities fees – Development – Voluntary mitigation payments
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.
Zoning – Public school construction – Adequate public facilities fees – Development – Voluntary mitigation payments
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.
Local government authority – Zoning – Public school construction – Adequate public facilities fees – Development – Voluntary mitigation payments
Lanvale Properties v. Cnty of Cabarrus 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.
$2.3 million construction suit remanded to Union County
By PAUL THARP, Staff Writer [email protected] Charlotte attorney James B. Gatehouse said he always hopes for an amicable result in litigation, especially in complicated construction matters. That said, “I anticipate that this one will be tried,” Gatehouse said of Signature Development, LLC v. Sandler Commercial at Union, LLC (Lawyers Weekly No. 10-07-1057, 33 pp.). [&h[...]
Civil Practice – Pleadings – Multiple Plaintiffs & Defendants – Real Property – Bankrupt Developers
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 pleadin[...]
Tiger Wood’s course developers reach settlement
SWANNANOA (AP) – Chalk up one victory for Tiger Woods this year. Construction on Woods’ first American golf course, The Cliffs at High Carolina near Asheville, is back in full swing after developers agreed to reduce the planned impact the layout would have on area trout streams by almost half the original design. Woods said […]
Administrative – Real Property – Environmental Issues – Development – Coastal Area Management Act
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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Commentary
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- Lawyers Weekly debuts new and improved web experience
- US Supreme Court bites back at parody’s use of the First Amendment
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