Category: Quasi-Judicial Proceedings

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 […]

No Doubting Thomases Allowed!

Introduction Expert appraisers have testified that the proposed development will not adversely affect values of properties adjacent to this new development. Nevertheless, the testimony does not seem right to you.  You remember the Great Financial Crisis – what do appraisers really know?  Based upon your common sense understanding […]

Drilling to the Essence of a Land Use Proceeding

Introduction  What type of land use proceeding is this?  Finding the correct answer to this question is critical to knowing your client’s rights and avoiding legal error.  Like different sports, there are distinct types of land use proceedings – legislative, quasi-judicial or administrative/ministerial.  Like a sport, the type […]

The Ready-Made Suit of Standing

Chief Superior Court Judge James H. Pou Bailey informed lawyers – “Justice under the law is like buying a suit off the rack.  It doesn’t fit anybody perfectly, but it fits a lot of people fairly well.” Sometimes, an unpublished opinion contains informative illustrations.  Although it is not […]