Site Plan Approval, Conditional Use Permits, and Statutory Vested Rights
Applicants need take care when entitling their property on a contingency involving neighboring property outside the entitlement process.
Zoning Violation Sent to Landlord, Only, Nonetheless Started Tenant’s Appeal Clock
In Hancock v. City of Monroe, an unpublished opinion decided on November 19, 2019, the Court of Appeals considered whether a commercial tenant’s right to appeal a zoning notice of violation – an “NOV” – had run, where the landlord, alone, received the notice of violation. Petitioners (the […]
Findings of Fact In a Quasi-Judicial Land Use Proceeding, Question Mark (?)
An interesting “development” – so to speak – took place recently as to a quasi-judicial board’s obligations with regard to special and conditional use permits. The case is PHG Asheville, LLC v. City of Asheville, No. COA18-251 (November 6, 2018). A developer proposed to build an eight-story, 178,412 […]
What’s In a Name: Naming Parties to a Lawsuit Over a Deed of Trust
Today, we look at the North Carolina Court of Appeals’ recent analysis in Nationstar Mortgage, LLC v. Curry, et al., COA18-351 (November 6, 2018) regarding whether a secured lender is actually a party to a proceeding. A landowner obtained a loan, secured by the property, from Sidus Financial, […]
Court Will Not Enjoin Issuance of Land Use Permits Where None are Yet Applied For
Any stock brokerage website will tell you that “past performance is not indicative of future results.” The same is true in the context of land use permitting, such that what a municipality “had done” cannot ripen a claim to prevent against what a municipality “might do.”
John Cooke
Michael Thelen
