Author Archives

Michael Thelen

Mike represents public companies and smaller, privately-owned businesses and local governments in federal and state court litigation, as well as in land use and real estate development and entitlement negotiations, processes, and disputes. Mike has experience litigating throughout the United States but focuses his practice on land use, real estate and local government issues and solutions in North Carolina.

Charlotte, NC

Alleging and Proving Standing to Challenge Rezoning

In the recently-decided Cherry Community Organization v. City of Charlotte, the North Carolina Court of Appeals determines that standing to bring a declaratory judgment action challenging a rezoning requires both allegations of sufficient damages as well as evidence to support those allegations.  A well-pleaded complaint in a rezoning challenge, alone, does not end the standing inquiry.