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 […]
Crack open any law dictionary worth its salt and you will find the Latin phrase “Qui Tacet Consentire Videtur” or “He who is silent appears to consent.” Do not be fooled – context matters – a pithy Latin phrase is not a general rule of law. In American […]
Robert Frost’s The Road Not Taken is a great American poem about choices. In the poem, the fork where the two roads diverge provides no indication which path is the better path to travel. In life and law, sometimes the better path is remarkably clear, but not everybody […]
Introduction State law in North Carolina authorized modern local zoning regulations in the 1920s. And perhaps, there is no more basic zoning term than “single family detached dwelling.” In a world of ever-increasing complexity of uses and transitory land planning theories, we hope that a term as omnipresent […]