Justia North Carolina Supreme Court Opinion Summaries

This appeal considered whether defendant County had the authority pursuant to its general zoning powers or, in the alternative, a 2004 law enacted by the General Assembly, to adopt an adequate public facilities ordinance (APFO) that effectively conditioned approval of new residential construction projects on developers paying a fee to subsidize new school construction to prevent overcrowding in the County's public schools. The trial court concluded that the County did not have the authority to enact its APFO pursuant to North Carolina's general zoning or subdivision statutes. The court of appeals affirmed. The Supreme Court affirmed, holding that the County did not have the statutory authority to adopt its APFO, and N.C. Sess. Laws 2004-39 did not authorize enactment of the APFO. View "Lanvale Props. v County of Cabarrus" on Justia Law

This case involved a dispute between the City of Kannapolis (Defendant), which rezoned rural land to promote commercial development, and neighboring landowners (Plaintiffs). At issue was whether Defendant approved a statement of reasonableness as required by N.C. Gen. Stat. 160A-383 when adopting the zoning amendment. The trial court entered an order granting Defendant's motion for summary judgment on all claims and dismissing Plaintiffs' declaratory judgment action. The court of appeals affirmed, holding that Plaintiffs failed to show the city council did not approve a statement. The Supreme Court reversed, holding that the zoning amendment at issue was invalid because Defendant failed to properly approve a statement under section 160A-383, thus rendering the amendment void. Remanded. View "Wally v. City of Kannapolis" on Justia Law