The city council is about to take action on a proposed rezoning of property. The rezoning will enable undeveloped land to be used for an office and retail business park. Suppose that the council has before it a planning staff … Read more

My blog from December 15 of last year (“Preoccupied with Occupancy Certificates: Part I”) was intended to provide an introduction to the use of a certificates of occupancy (CO) by local inspections agencies to ensure that a development project is … Read more

My current preoccupation (a temporary one, I hope) is certificates of occupancy. I don’t mean those permissions necessary to occupy public property in the Raleigh, New York, or Washington demonstrations that have been in the news. No, I mean those … Read more

Earlier this year it was reported in an Arizona newspaper that a prominent community activist (Ms. Smith) might face misdemeanor charges after witnesses saw her stealing campaign signs that Ms. Smith said were illegal and “negative” in their message. It … Read more

UPDATE September 2013:  In 2013 the General Assembly expanded the scope of the bona-fide-farm exemption in several respects.  S.L. 2013 – 347 amends G.S. 153A-340 to provide that exempt activity includes agricultural activity associated with a farm “and any other … Read more

UPDATE September 2013:  Click here for the 2013 sequel to this blog. What is a public nuisance? A public nuisance is a condition or activity involving real property that amounts to an unreasonable interference with the health, safety, morals, or … Read more

Last month my blog concerned the way the term “subdivision” is defined in the North Carolina General Statutes for purposes of city and county land subdivision regulation. This month’s blog is a follow-up and concerns the four exceptions to the … Read more

One of my colleagues once said that the law of land subdivision control had to be one of the most obscure and arcane areas of the law that one could imagine. After initially taking offense (since I took some proprietary … Read more

UPDATE September 2013:  Legislation adopted by the 2013 General Assembly extends state law preemption to existing outdoor advertising signs that conform to state rules and local ordinances.  Section 8(b) of S.L. 2013 – 413 adds a new G.S. 136-131.2 to … Read more

One of these days the developer of a proposed new energy-efficient open-space development (Greenfields) will come calling on the city. It will propose that the city satellite annex the Greenfields property, located almost a mile outside of town. Greenfields will … Read more