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Civil Practice – Standing – Zoning – Municipal – Proposed Poultry Plant
Morgan v. Nash County The plaintiff-city seeks to challenge the county’s re-zoning of a farm for industrial use as a poultry processing plant. The city mounts this challenge because a separate piece of property, which would be used as a sprayfield for treated wastewater from the processing plant, is in the city’s watershed.
Real Property – Billboard Lease – Municipal — Zoning – Special Use Permit
MCC Outdoor, LLC v. Town of Wake Forest Plaintiff’s forecast of evidence indicates that the defendant-town caused plaintiff’s billboard to be removed since the only reason the new landowner did not extend plaintiff’s lease was because the town’s special use permit forbade it. However, the town’s forecast of evidence indicates that the new landowner would not have allowed the bil[...]
Municipal – Condemnation – Nuisance – Real Property – Beachfront Cottages – Civil Practice – Ripeness & Mootness
Sansotta v. Town of Nags Head The defendant-town denied plaintiffs a building permit because their application was incomplete; therefore, plaintiffs cannot challenge a new town ordinance based solely on the town’s threatened or hypothetical denial of a permit under the new ordinance.
Municipal – Zoning – Conditional Use – Group Home – Neighbors’ Fears
Livingston v. Robeson County (Lawyers Weekly No. 12-16-0764, 15 pp.) (John C. Martin, Ch.J.) Appealed from Robeson County Superior Court. (Robert F. Floyd Jr., J.) N.C. App. Unpub. Holding: The denial of petitioner’s application for a permit to operate a group home was based entirely on evidence of the generalized fears of neighbors; therefore, the denial of the conditional use permit was not[...]
Tort/Negligence – Negligent Inspection – Municipal – Sovereign Immunity – Insurance
Bullard v. Wake County Although the defendant-county had insurance during the period in which county inspectors okayed construction and occupancy of a house that has since been found unfit for human habitation, an endorsement to the insurance policy (applicable to the first year and a half at issue) limited coverage to “occurrences or wrongful acts for which the defense of governmental [...]
Municipal – Zoning – Auto Salvage Business – Alleged Oral Contracts – Due Process – County Code Violations — Environmental – Adjacent Superfund Site
Huggins, t/a SADISCO of Md. v. Prince George’s County, Md. A property owner who operated a salvage automobile wholesaling business on a parcel adjacent to Andrews Air Force Base’s CERCLA Superfund site, and whose business was cited for numerous county code violations, loses an appeal of the dismissal of its due process and state law claims against Prince George’s County, Md., for sh[...]
Municipal – County Budget Cuts – Legislative Immunity – Constitutional – First Amendment – Opposition to Ambulance Fees
Kensington Volunteer Fire Dep’t Inc. v. Kurtz A group of local volunteer fire and rescue departments cannot sue county officials on a claim the county reduced funding in retaliation for plaintiffs’ opposition to local legislation; the 4th Circuit affirms dismissal of the suit by the district court, who declined to inquire into defendants’ alleged illicit motive behind an otherwise f[...]
Municipal – Labor & Employment – Workers’ Compensation – Public Employees – Mail Carrier
Hutchins v. U.S. Dep’t of Labor A U.S. Postal Service letter carrier who won a personal-injury lawsuit against a South Carolina town after she fell into a manhole must reimburse the Department of Labor for benefits she received under the Federal Employees’ Compensation Act; the 4th Circuit affirms a decision that the town qualifies as a “person other than the U.S.” under 5 U.S.C. [...]
Real Property – Condemnation – Municipal – Railroad Land
Southeast Shortlines, Inc. v. Rutherford Railroad Development Corp. It is true that a “public condemnor” like the defendant-town may condemn the property of a private condemnor, like the plaintiff-railroad, “if such property is not in actual public use or not necessary to the operation of the business of the owner.” G.S. § 40A-5(b). However, title to the subject property does not[...]
Municipal – Zoning – Subdivision Plans – Alterations – Flexible Design Option
ExperienceOne Homes, LLC v. Town of Morrisville After successfully seeking to have their property rezoned, plaintiffs made major alterations in their subdivision’s design: a switch from townhomes to detached single-family homes, increased density, rearrangement of lots, reduced greenspace, altered road placement, and the failure to include a required bridge. Despite switching from townh[...]
Civil Rights – Municipal – Civil Practice – Pleadings – Conclusory Allegations – Tort/Negligence – Battery – Fleeing Suspect – Hit with Car
Purcell v. City of Greensboro Plaintiff makes no factual allegations that the defendant-police officer who ran him down with a patrol car was acting pursuant to a policy of the defendant-city. Mere conclusory allegations are insufficient to state a claim.
Labor & Employment – Public Employees – Civil Rights – First Amendment – Union Affiliation – Municipal – Firefighter – Policymaker
Minnick v. County of Currituck The county board of commissioners has policymaking authority over county personnel matters. Plaintiff has not alleged that the board of commissioners was aware of the alleged constitutional violation (i.e., that he was fired for speaking out about safety violations and for his union affiliation). Plaintiff has presented no evidence that he informed the boar[...]
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