In Bizzarro v. County of Ashe, after a quasi-judicial land use proceeding, the County’s Planning Board approved Horvath Communications, Inc.’s application for a permit pursuant to “the Ashe County Telecommunications Tower Ordinance” to construct a telecommunications tower on a parcel of property neighboring a parcel of property owned by Mr. and Mrs. Bizzarro.
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 […]
On February 21, 2017, after study and public hearing, the Raleigh City Council voted to increase development permitting fees in the City of Raleigh. The current fee schedule is viewable here. However, after Tuesday’s vote by the Raleigh City Council, those fees will change in the near future. […]
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.