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North Carolina Land Use Litigator

Land Planning, Zoning, Development and Commerical Real Estate

Site Plan Approval, Conditional Use Permits, and Statutory Vested Rights

By Michael Thelen on November 25, 2019 • ( Leave a comment )

Zoning Violation Sent to Landlord, Only, Nonetheless Started Tenant’s Appeal Clock

By Michael Thelen on November 21, 2019 • ( Leave a comment )

Findings of Fact In a Quasi-Judicial Land Use Proceeding, Question Mark (?)

By Michael Thelen on November 16, 2018 • ( Leave a comment )

What’s In a Name: Naming Parties to a Lawsuit Over a Deed of Trust

By Michael Thelen on November 13, 2018 • ( Leave a comment )

Court Will Not Enjoin Issuance of Land Use Permits Where None are Yet Applied For

By Michael Thelen on September 12, 2018 • ( Leave a comment )

What Can the Local Government Do About This Land Use Ordinance Violation?

By Michael Thelen on August 3, 2018 • ( Leave a comment )

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Analyzing land use and real estate litigation issues that matter to corporate end users, developers and local governments throughout North Carolina.

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Site Plan Approval, Conditional Use Permits, and Statutory Vested Rights

By Michael Thelen on November 25, 2019 • ( Leave a comment )

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

By Michael Thelen on November 21, 2019 • ( Leave a comment )

In Hancock v. City of Monroe, an unpublished opinion decided on November 19, 2019, the Court of Appeals considered whether a commercial tenant’s right to appeal a zoning notice of violation – an “NOV” –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 (?)

By Michael Thelen on November 16, 2018 • ( Leave a comment )

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

By Michael Thelen on November 13, 2018 • ( Leave a comment )

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

By Michael Thelen on September 12, 2018 • ( Leave a comment )

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.”

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Authors

  • John Cooke
  • Michael Thelen

Categories

  • Annexation (4)
  • Building Code (1)
  • Business Permitting (14)
  • Commercial Zoning (42)
  • Comprehensive Plans (5)
  • Constitutional Issues (12)
  • Construction Law (4)
  • Criminal Law in Land Use (3)
  • Deed of Trust and Foreclosure (9)
  • Economic Development (25)
  • Eminent Domain & Taking Issues (19)
  • Environmental Matters (12)
  • Federal Law in Land Use (7)
  • Fees and Real Estate Development (4)
  • Land Use at the State Level (10)
  • Municipal Laws (38)
  • NCDOT Matters (1)
  • Quasi-Judicial Proceedings (30)
  • Real Property Issues (20)
  • Residential Zoning (37)
  • Surface Water Issues In Land Use (11)
  • Uncategorized (3)
  • Vested Rights (4)
  • WCSR Land Use Practice Group (16)
  • Zoning Ordinances (15)

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