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

Morris Communications Corporation d/b/a Fairway Outdoor Advertising (Fairway) sought to re-erect a sign after its lawfully constructed sign was condemned by the DOT. Fairway applied for and received a sign permit for the relocated sign. The permit required that the work commence six months from the date of issuance. After Fairway took down its sign and reinstalled it, the city sent Fairway a notice of violation, asserting that the sign violated the city's outdoor advertising ban and asserting that Fairway's sign permit had expired because work on the project had not commenced prior to the permit's expiration date. Fairway appealed the notice to the board of adjustment (BOA), which affirmed the determination. The court of appeals affirmed. Fairway appealed. The Supreme Court held that the appellate court erred in determining the BOA's interpretation of the sign ordinance was entitled to deference under de novo review. Because the BOA's interpretation of its sign ordinance constituted an error of law, the Court reversed.View "Morris Commc'ns Corp. v. City of Bessemer City Zoning Bd. of Adjust." on Justia Law