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Placing Conditions on a Special Use Permit

January 13, 2010

The town council is holding a hearing on a special use permit application that would allow a small shopping center. The proposed site is on a major road and is adjacent to an existing residential neighborhood. At the hearing detailed … Read more

Are Adequate-Public-Facility Ordinances Adequate?

December 16, 2009

UPDATE September 2013:  In December 2012 the North Carolina Supreme Court invalidated the adequate-public-facilities program for public schools in Cabarrus County in the case of Lanvale Properties, LLC v. County of Cabarrus, ___ N.C. ___, 731 S.E.2d 800 (2012).  The county … Read more

Just Say No: The Denial of a Rezoning Petition

November 18, 2009

The proposed rezoning makes poor planning sense.  The neighbors oppose it.  The petitioner is unpopular.  So the governing board votes down the proposal.  How may the petitioner challenge this action (or lack of action)?  If adoption of a zoning amendment … Read more

Cyber-Sweepstakes Anyone?

October 12, 2009

UPDATE September 2013: In December 2012 in the case of Hest Technologies, Inc. v. State ex rel Perdue, the North Carolina Supreme Court upheld the constitutionality of the statute that makes it a criminal offense to conduct video sweepstakes games … Read more

Contents of the Hearing Notice for a Zoning Amendment

September 25, 2009

State law has always required a public hearing prior to the adoption, amendment, or repeal of a development regulation. The statutes are clear about how the hearing notice is to be provided and when it must be made. Notice of … Read more

New Life for Old Development Approvals

August 28, 2009

UPDATE September 2013: The permit extension law was subsequently extended an additional year. For a review of the extension, click here.  The law has now expired. For a review of the impacts of the expiration, click here. One consequence of … Read more