The city council is holding a public hearing on a petition to rezone a parcel of land that fronts a highway leading into town. The owner has asked that the zoning be changed from a low-density residential district to a … Continued

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 … Continued

Wouldn’t it be nice if local governments, developers, and neighbors could sit together, talk through controversial large development proposals, and work to reach consensus about what would be a good project for all concerned? Wouldn’t it be nice if at … Continued

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 … Continued

A national retailer plans to locate a new big box store on a large vacant lot adjacent to an existing single-family neighborhood. The town council is holding a hearing on a special use permit application for project. The zoning ordinance … Continued

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 … Continued

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 … Continued

UPDATE Septemeber 2013:  Land development permit extension was extended in 2010 for one additional year.  The suspension period ended December 31, 2011 rather than December 31, 2010. For an analysis of this change see here my blog of August 3, … Continued

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 … Continued

UPDATE September 2013:  Click here for an analysis by my colleague Trey Allen of the general police power as interpreted by the 2013 North Carolina Court of Appeals case of King v. Town of Chapel Hill.              In North Carolina … Continued