In 2007, Developer Clarion-Reames, LLC (“Clarion”) sought to construct a residential housing development in Charlotte, North Carolina.
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.
In March 2015, Katie and Chris Brewer bought 22 acres in Chapel Hill, Orange County – a rural, wooded spot – through an entity called Southeast Property Group, LLC. Among other things on their property, the Brewers intended to transplant an 1860s barn from upstate New York onto […]
Nationally, we are noticing a slight “uptick” in published case law addressing claims that public officials are “biased”, maintain a “conflict of interest”, or are otherwise unable to perform constitutionally their duties as to land use decisions.
In a coastal town in North Carolina called Ocean Isle Beach, there is a small airport. Jackson/Hill Aviation, Inc. is contracted with the Town of Ocean Isle Beach to operate that small airport. A dispute later broke out between Jackson/Hill and the Town, because Jackson/Hill did not always […]