North Carolina produces in excess of 1 million gallons of wine per year, placing it in the top 10 of American States by that metric. In fact, according to the North Carolina Department of Commerce, there are 100 wineries and 400 vineyard within the State. Why do these […]
The Theme. As Justice Brandeis once said, “Publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman.” Professor Frayda Bluestein of the UNC School of Government gives good analyses here, here and here of North Carolina […]
This morning, the North Carolina Court of Appeals published two decisions that bear directly on land use issues. In no particular order, the first decision addresses the validity of a municipality’s decision to deny a special use permit to the location of a cell phone tower while the […]
The North Carolina Court of Appeals issued an interesting decision this morning governing the issuance of conditional use permits. The Facts The petitioner, an individual, was denied a request for a conditional use permit to construct and operate a “Level IV Group Home” in Robeson County. Specifically, petitioner’s […]
N.C. Court of Appeals Addresses "Standing" to Challenge Zoning Decisions, and the Manner of Interpreting "Permitted Uses"
The North Carolina Court of Appeals handed down a decision today affecting the “standing” of neighbors to challenge zoning approvals as well as the interpretation of permitted uses spelled out–or not spelled out, as the case may be–in a zoning ordinance. The facts of Fort, et al. v. […]