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Tag Archives: Zoning

Zoning – Municipal – Civil Practice – Standing – ‘Contract Zoning’ – No Reciprocal Obligations – County Development Partnership – Appeals – Attorney’s Fees (access required)

Morgan v. Nash County The plaintiff-city does not have standing to contest the defendant-county’s rezoning of county land to allow industrial uses, potentially including a poultry processing plant. Although the proposed sprayfields for the potential processing plant are located in the watershed from which the city draws half its water supply, the land for the proposed sprayfields was not rezoned.

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Real Property – Zoning – Special Use Permit — Municipal – Franchise – Landfill – Constitutional – Taking Claim (access required)

Griffin Farm & Landfill, Inc. v. Town of Unionville Three authorizations are required to build and operate a construction and demolition (C&D) landfill: local zoning approval, a local government franchise, and a permit from the state. Where plaintiffs stopped accepting C&D waste seven months before their franchise expired, and where the defendant-town exercised its discretion in denying plaintiffs a new franchise, plaintiffs did not have a common law vested interest to a new franchise agreement.

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Municipal – Zoning – Real Property – Value – Insufficient Showing – Cell Phone Tower (access required)

American Towers, Inc. v. Town of Morrisville In order to get a special use permit to erect a cell phone tower in the respondent-town, petitioner was required to show that the tower would not substantially injure the value of adjoining property. Petitioner’s real estate expert failed to make that showing; therefore, the superior court properly upheld the denial of petitioner’s application to erect a telecommunications tower.

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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 – Standing – Zoning – Municipal – Proposed Poultry Plant (access required)

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.

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