Category: Quasi-Judicial Proceedings

Say My Name, Say My Name: Appealing Neighbors Must Name the Permit Applicant

In Bizzarro v. County of Ashe, after a quasi-judicial land use proceeding, the County’s Planning Board approved Horvath Communications, Inc.’s application for a permit pursuant to “the Ashe County Telecommunications Tower Ordinance” to construct a telecommunications tower on a parcel of property neighboring a parcel of property owned by Mr. and Mrs. Bizzarro. 

N.C. Court of Appeals Affirms Local Government Board’s Recusal of One of Its Own Members In Quasi-Judicial Proceeding

A quasi-judicial land use proceeding requires an impartial decisionmaker, like any courtroom proceeding.  State law does its best to spell out what constitutes an “impermissible violation[] of due process”: A member of any board exercising quasi-judicial functions pursuant to this Article shall not participate in or vote on […]