After the North Carolina General Assembly overrode Governor Cooper’s veto of Senate Bill 382, which became Session Law 2024-57 (the “New Law”), we published a client alert describing the state-wide effect of the New Law....more
1/17/2025
/ Administrative Authority ,
Community Development ,
Congressional Override ,
Governor Vetoes ,
Land Developers ,
Local Ordinance ,
New Legislation ,
Permits ,
Property Owners ,
Real Estate Development ,
State and Local Government ,
Urban Planning & Development ,
Zoning Laws
Traditionally, “down-zoning” referred to changes in zoning that reduced the intensity of land use – such as a switch from commercial to residential zoning. As with any general district zoning effort, historically in North...more
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"...more
Impact fees are defined, generally, as a charge on new development to pay for the construction or expansion of off-site capital improvements that are necessitated by and/or benefit the new development. Impact fees have been...more
How broadly will the appellate courts interpret a restrictive covenant applicable to real property? Not so broadly as to prohibit a parking lot to be used by customers for an otherwise expressly prohibited use....more
The Durham Innovation District, or Durham ID, is coming to downtown Durham, North Carolina. The project envisions the redevelopment of 15 downtown acres to include one million square feet of new office and laboratory space,...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
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