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
In this next part of our “what’s next” in North Carolina land use series we look at public meetings, which are an essential part of land use permitting. In particular, we look at quasi-judicial proceedings past the pandemic....more
In 2007, Developer Clarion-Reames, LLC (“Clarion”) sought to construct a residential housing development in Charlotte, North Carolina. Clarion received final approval from the City to record plats for Phase I section of the...more
12/15/2017
/ Bonds ,
Construction Contracts ,
Construction Industry ,
Construction Project ,
Housing Developers ,
Land Developers ,
Local Ordinance ,
Public Improvement Projects ,
Roads ,
State and Local Government ,
Urban Planning & Development ,
Zoning Laws
In the recently-decided Cherry Community Organization v. City of Charlotte, the North Carolina Court of Appeals determines that standing to bring a declaratory judgment action challenging a rezoning requires both allegations...more
What is a "variance" in the zoning context? Simply, it is relief from -- or a variation of -- the application of a zoning law to a particular piece of property....more
Today, a three judge panel of the North Carolina state court declared unconstitutional a State law that blocks a municipality -- one municipality -- from exercising its power to create an extraterritorial planning...more
We've blogged in the past about the political saga between the City of Raleigh and the State of North Carolina over the Dorothea Dix property in downtown Raleigh, a 300-plus acre piece of lovely real estate. And you thought...more
We've blogged in the past about the City of Raleigh's massive zoning re-mapping process, which is meant to migrate all properties in the City's land use jurisdiction into the reach of the new Unified Development Ordinance. ...more
The City of Raleigh, growing at a seemingly undeniable pace, is aiming to "get ahead" of the governance challenges such growth portends by splitting the City's Department of Planning and Development into two separate...more
We blogged last week about an innovation district coming to Durham, North Carolina, to be affectionately called "Durham ID".
Asheville, North Carolina, is poised to designate three innovation districts of its own in...more
So many great ideas sound so simple, so obvious after development and actualization, right?
Velcro. Tupperware. The cheeseburger. Buying a condo in Manhattan's West Village in 1987....more
We've blogged in the past about the dance between the City of Raleigh and the State of North Carolina over the City's 300-plus acre Dorothea Dix campus, which belongs to the State, leased to the City, returned to the State,...more
Much of land use law involves questions over the breadth of local government powers.
Today, we're looking at a spat between two units of local government: a municipality and a school board. The decision in Gurba v....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
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
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
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