Case Law Update – What Is “Standing” and Who Has It?

“Standing” is suddenly a hot topic in zoning law, with three recent appellate opinions on the subject, one of which was a case of first impression decided by our Supreme Court. SIDEBAR: My colleague Kip Nelson and I have our own standing case in the N.C. Court of Appeals awaiting decision.  Accordingly – and since […]

Case Law Update – Solar Farms (Again), the Prima Facie Case (Again), and Other Fun Facts (Again)

Yet another Court of Appeals case, Ecoplexus v. Currituck County, examined the denial of a solar farm and applied the same principles as in Dellinger v. Lincoln County and Innovative 55 v. Robeson County, but with some interesting twists. Facts Ecoplexus arises from Currituck County, a county that is now widely known as, well, I’ll […]

Case Law Update – Spot Zoning, Consistency Statements, and Arbitrary Decisions

The Court of Appeals recently reviewed three issues in a Randolph County rezoning: was the decision “spot zoning”? Was it arbitrary and capricious? And was it adopted with appropriate procedures?  On spot zoning the law was slightly expanded. On the other two issues the court reminds us of the distinction between judicial and legislative functions. […]