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 […]
Quicksands and Cutting Edges of the Law: Do Municipal Utility Customers possess Due Process and Vested Rights to Continued Sewerage Service?
Introduction Sometimes, I read a court’s opinion and put it aside because it is thought provoking beyond its facts and outcome. The case of United States Cold Storage, Inc. v. Town of Warsaw, __ N.C. App. ___, 784 S.E. 2d 575 (April 5, 2016) falls into this category. […]
N.C. Court of Appeals Affirms Local Government Board’s Recusal of One of Its Own Members In Quasi-Judicial Proceeding
A quasi-judicial land use proceeding requires an impartial decisionmaker, like any courtroom proceeding. State law does its best to spell out what constitutes an “impermissible violation of due process”: A member of any board exercising quasi-judicial functions pursuant to this Article shall not participate in or vote on […]
A new law took effect in North Carolina on October 1, 2016, and it affects the need for building permits. Session Law 2016-113, entitled An Act to Provide Further Relief to the Agricultural Community, clarifies in Section 13 that a building permit is not required for certain work […]
We talked in our last piece about the parties to a lease, and the nuances of that requirement. Today, as promised in our last post, we discuss the “leased premises”. A lease is a contract. It is a contract in which the lessor (think, landlord or tenant/sublandlord) grants […]