This time, we’ll spend some energy discussing the most common (and legally charged) aspect of nonconformity laws: how local laws restrict grandfathered nonconforming structures, lots, or uses while allowing the nonconformity to continue.
Zoning laws, like any other laws, can change from time to time. What happens if your structure, lot, or use is permitted under an existing law, but the law changes in a way that your structure, lot, or use is suddenly no longer consistent with the law? There […]
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 […]