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Nov 19, 2010

Municipal – Zoning – Civil Practice – Standing – Constitutional & Statutory Challenges – Statute of Limitations – Steep Slope & Viewshed Amendments

  Templeton v. Town of Boone. (Lawyers Weekly No. 10-07-1101, 32 pp.) (Donna S. Stroud, J.) (Barbara Jackson, J., concurring in part & dissenting in part) Appealed from Watauga County Superior Court. (Joseph N. Crosswhite, J.) N.C. App. Click here for the full text of the opinion. Holding: Even though one plaintiff alleged facts sufficient […]

Nov 3, 2010

Municipal – Zoning – Car Dealership – No Permits – No Vested Right

MLC Automotive, LLC v. Town of Southern Pines. Even though plaintiffs' land was zoned for general business, including car dealerships, when plaintiffs bought the land, since plaintiffs did not obtain any of the permits required to build their car dealership in the three years before the defendant-town changed the land's zoning classification to one that prohibits car dealerships, plaintif[...]

Oct 5, 2010

Real Property – Zoning – Variance – Riparian Buffer – Scope of Review

Cary Creek Limited Partnership v. Town of Cary. Although the trial court was without authority to make independent findings of fact under G.S. § 160A-388(2), in doing so it largely recited uncontroverted evidence, so the error was not prejudicial. The town's denial of the plaintiff's variance request was supported by competent, material and substantial evidence.

Sep 13, 2010

Municipal – Impact Fee – Zoning – Statute of Limitations

Lanvale Properties, LLC v. County of Cabarrus. (Lawyers Weekly No. 10-16-0889, 12 pp.) (Hunter, Robert C., J.). Appealed from Cabarrus County Superior Court (Mark E. Klass & W. David Lee, JJ.) N.C. App. Unpub. Holdings: The county lacked the authority under its general zoning or subdivision powers to require developers to comply with an adequate […]

Aug 19, 2010

Real Property – Zoning – Appeals – Subject-Matter Jurisdiction – Building Height – Certificate of Occupancy

Meier v. City of Charlotte. (Lawyers Weekly No. 10-07-0799, 17 pp.) (Sam Ervin IV, J.) Appealed from Mecklenburg County Superior Court (Robert P. Johnston, J.) N.C. App. Holding: Because the plaintiff failed to appeal from a zoning administrator’s determination in a timely manner, the board of adjustment had no subject-matter jurisdiction to consider the appeal. […]

Aug 13, 2010

Municipal – Zoning – Conflict of Interest – Hearing – Variance – Neighboring Nonconforming Use

Harbor Baptist Church v. City of Charlotte. (Lawyers Weekly No. 10-16-0778, 11 pp.) (Rick Elmore, J.) Appealed from Mecklenburg County Superior Court. (Robert C. Ervin, J.) N.C. App. Unpub. Holding: The defendant-city’s zoning board of adjustment (ZBA) discussed both ZBA member Davis’ ex parte conversations and his working relationship with a member of the applicant’s […]

Aug 6, 2010

Municipal – Zoning – Undefined Use – Shooting Range – Grandfathered – Alteration – Value

Land v. Village of Wesley Chapel. (Lawyers Weekly No. 10-07-0745, 21 pp.) (Robert N. Hunter Jr., J.) (Cheri Beasley, J.) Appealed from Union County Superior Court. (W. Erwin Spainhour, J.) N.C. App. Holding: A private shooting range, installed by the plaintiff-landowner in 1991 and used only by him and his family, was not barred by […]

Jul 30, 2010

Civil Practice – Standing – Nuisance – Zoning

McDowell v. Randolph County. (Lawyers Weekly No. 10-16-0714, 8 pp.) (Wanda G. Bryant, J.). Appealed from Randolph County Superior Court (Henry E. Frye, J.). N.C. App. Unpub. Holding: The trial court erred in finding that the plaintiffs had standing to bring a claim against a lumber company operating on a tract of land beside the […]

Jul 16, 2010

Municipal – Zoning – Special-Use Permit – Farmer’s Rodeos – Permit Violations – Estoppel

Marsh v. Union County Board of Adjustment. (Lawyers Weekly No. 10-16-0647, 5 pp.) (Barbara Jackson, J.), Appealed from Union County Superior Court. (Gary Evan Trawick, J.) N.C. App. Unpub. Holding: When a farmer who had a special-use permit to hold rodeos on his property held more events than the permit allowed and failed to add […]

Jul 12, 2010

Municipal – Zoning – Nonconforming Use – Accessory Use – Accessory Structure – Conditional Use Permit Amendment

Four Seasons Management Services, Inc. v. Town of Wrightsville Beach. (Lawyers Weekly No. 10-07-0595, 28 pp.) (Sam Ervin IV, J.) Appealed from New Hanover Superior Court. (Charles H. Henry, J.) N.C. App. Holding: Although the petitioner-hotel doesn’t need an amendment to its conditional-use permit for accessory uses, such as parking, it does need a permit […]

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