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The True Cost Of Zoning Litigation

The week before Christmas 2020, I received word from the N.C. Supreme Court that it had denied discretionary review in a case out of Western North Carolina that my client had won in the N.C. Court of Appeals in 2018. We had...more

Where Do Solar Farms Belong?

I was intrigued to learn that Cleveland County, N.C. is considering a zoning ordinance amendment to make solar farms allowable only in light and heavy industrial districts. It appears the ordinance amendment is being...more

Senate Bill 704 — Careful Aim But Narrow Miss

On May 4th the N.C. legislature passed Senate Bill 704 (Session Law 2020-3) to address a broad array of problems created by COVID-19. Bill section 4.31(a) amended the Emergency Management Act to add new section 166A-19-24...more

Returning To “Normal” Public Hearings – Doing It Right

This past Thursday I appeared before the Asheboro City Council in a quasi-judicial hearing for a conditional use permit. The city’s new template for safe hearings is worth other governments’ consideration. No more than 10...more

Moving To Virtual Public Hearings — Lessons Learned

Kudos to the City of Greensboro for boldly keeping land use development projects moving through the approval pipeline despite local and State stay-at-home orders. Last week, while sitting in my living room, I “appeared”...more

Coronavirus And The Hospitalization Of Participatory Government

In younger days I traveled through African game lands in Uganda and explored an Amazon tributary in Bolivia. Both times I was confronted with the ironic fact that it’s easier to protect yourself against the large, loud,...more

Is Your Local Solid Waste Ordinance Illegal?

I’m working on the approval or expansion of four North Carolina landfills (Municipal Solid Waste, Construction & Demolition and Land-Clearing and Inert Debris) and five if you count a coal ash landfill whose application has...more

“Words Matter” In Zoning Ordinance Interpretation

This month the Court of Appeals published an opinion (Appalachian Materials v. Watauga County) that provides clear step-by-step instructions for interpreting a zoning ordinance. Is this opinion, following on the heels of...more

A New Must-Read Case On Quasi-Judicial Proceedings

Last week the N.C. Court of Appeals published yet another opinion (PHG v. City of Asheville) that (1) further defines the template for deciding quasi-judicial zoning applications and (2) curtails the all-too-frequent...more

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