I don't play golf. I like golf, I'll go out and hit around with friends or colleagues, but I don't "play golf". To me, playing golf means 18 holes on a weekend, maybe 36, and perhaps a round or two during the week. No, I...more
The City of Raleigh's planning staff is in the final days -- literally, two days -- of the period in which it will accept public comments from citizens on the City's Zoning District Remapping Project, about which we've...more
It's the first day of autumn. We at the North Carolina Land Use Litigator thought we'd take this chance to look at the world of real estate and land use a little differently....more
On August 20, 2014, the North Carolina Supreme Court issued an opinion giving great weight to properly-drafted forbearance agreements in a commercial loan and guaranty context. RL REGI N.C., LLC v. Lighthouse Cove, LLC, No....more
We're going to touch on three separate topics today in this post. First, we'll discuss a recent case from the North Carolina Court of Appeals regarding legal nonconforming uses, burdens of proof and lost zoning maps. ...more
This week, the North Carolina Court of Appeals waded in waters it doesn't often visit: the back pools of summary ejectment....more
8/7/2014
The North Carolina Court of Appeals has spoken twice in recent weeks on zoning issues. Let's review.
Zoning Ordinance Amendments and Consistency Statements -
First, in Atkinson v. City of Charlotte, COA 13-226...more
We've blogged in the past about the City of Raleigh's ongoing zoning remapping, the result of the City's 2013 overhaul of its unified development ordinance....more
Our regular readers will know that we will, at times, take a step back from the legal side of things to look at the practical side of things. After all, in the words of Paul Collier, "Most conduct is guided by norms rather...more
It's the summer, and it's hot. It's been 90-plus all week in Raleigh and my phone tells me there is no chance of a cooling today or tonight. I thought we'd take this chance to dip into something a little different,...more
Raleigh, North Carolina -- the Land Use Litigator's home base -- has officially entered the fray of urban centers embracing the planning and business value of urban "parklets". The City is now accepting applications from...more
Last summer, we blogged here about the dispute between the North Carolina General Assembly -- okay, the "State" -- and the City of Asheville over the State's efforts to transfer ownership and operation of the City's water...more
Last April, we wrote about the significant changes to the North Carolina mechanics lien laws, which are continuing to create issues and opportunities for owners, contractors, subcontractors and title companies working in the...more
North Carolina is an alcoholic beverage control state, meaning it is one of 17 states with a monopoly over the retailing of distilled spirits. North Carolina is also a "local option" state, which means that county and...more
The North Carolina General Assembly has returned to Raleigh for its "short session", and the legislative bodies are already off to the races with proposed legislation affecting land use controls and local government powers in...more
We've posted here before about the wholesale change to the City of Raleigh's land use laws upon the September 1, 2013 effective date of a new unified development ordinance (UDO). Changes to the land use laws includes the...more
Pretty, Huh?
Chapel Hill, North Carolina is a beautiful town like any other beautiful town. It has restaurants and parks and movie theaters and many renting and owning residents. But Chapel Hill is also a college...more
We've blogged previously about the accessory dwelling unit or the so-called "in-law suite", and how zoning rules addressing these dwelling units can "foment" (or stymie) increased urban density. The accessory dwelling unit...more
Last month, the Supreme Court of the United States (please, there is no such thing as the "United States Supreme Court") decided a very interesting case about easements. "Easements?", you ask. Yes, easements. We use them...more
In 2013, the General Assembly revamped the laws governing zoning boards of adjustment in North Carolina in S.L. 2013-126, entitled "An Act to Clarify and Modernize Statutes Regarding Zoning Boards of Adjustment". The...more
A compelling land use row is well underway right here in Raleigh. It allows commentary over anything from aesthetics, to history and historical context, to equity and fairness, to neighborly (or unneighborly) behavior, to...more
Today's topic is the North Carolina Court of Appeals' decision in Mount Ulla Historical Preservation Society, Inc. v. Rowan County, 11 CVS 2793 (February 18, 2014). The full opinion can be accessed below....more