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North Carolina Land Use Litigator

Land Planning, Zoning, Development and Commerical Real Estate

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 )

Grandfathering and Continuing Nonconformities in North Carolina

By Michael Thelen on February 15, 2018 • ( Leave a comment )

A Primer on Zoning Nonconformities in North Carolina

By Michael Thelen on February 13, 2018 • ( 1 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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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.”

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

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

We spend a lot of time in this space talking about land use ordinances. But what about the tools deployed in the event of a violation of those ordinances? State law provides that municipal and county governments may avail of different remedies in the enforcement of local ordinances, including (and our focus) land use ordinances.

Grandfathering and Continuing Nonconformities in North Carolina

By Michael Thelen on February 15, 2018 • ( Leave a comment )

This time, we’ll spend some energy discussing the most common (and legally charged) aspect of nonconformity laws: how local laws restrict grandfathered nonconforming structures, lots, or uses while allowing the nonconformity to continue.

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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 (3)
  • WCSR Land Use Practice Group (16)
  • Zoning Ordinances (14)

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