We’ve blogged in the past here and here about the two-month statutes of repose applicable against challenges to the validity of zoning ordinances, and we presented a paper — with shameless self-promotion here — on this same topic to the North Carolina Bar Association Local Government Section and […]
North Carolina Court of Appeals Addresses Challenge to Legislative Zoning Decision Regarding Location of Pawn Shops
In 2006, the Raleigh City Council began considering a zoning ordinance which would serve to restrict pawn shops to certain locations within the City. At that time, pawn shops were permitted in the Business, Thoroughfare, Industrial-1, Industrial-2, Buffer Commercial, Neighborhood Business, and Shopping Center zoning districts. On 17 […]
North Carolina Court of Appeals Speaks On the Issues of Zoning Ordinance "Consistency Statements" and "Spot Zoning"
In a recent, unpublished opinion in Wally, et al. v. City of Kannapolis, North Carolina decided February 15, 2011, the North Carolina Court of Appeals revisited two issues of interest to land use practitioners operating in the zoning realm: (1) consistency statements pursuant to N.C.G.S. 160A-383 in the […]
Adequate public facility ordinances (APFOs) tie local government development approvals to the availability of essential public facilities. In other words, development is not permitted at a particular site unless and until a defined level of public services is available or somehow, in some way, provided for — schools, […]
Land is land, disputes are disputes, and neighborly sensitivities are neighborly sensitivities. The only thing that seems to change with jurisdictions is the applicable law. In my home county in New York — Rockland County, a once relatively rural but now-burgeoning bedroom exurb of Manhattan — “art” is […]