Board of Adjustment 33 Hour Marathon

             After six nights and 33 hours of testimony and deliberation, the Harnett County Board of Adjustment reached a decision this week regarding a Conditional Use Permit for a regional landfill.  It was a marathon.  I know, because I was there.              Was it a record?  I don’t know.  My previous marathon was a 5 […]

Billboards, Vested Rights and Screwy Ordinance Interpretations

             The N.C. Supreme Court recently decided a land use case (not a common occurrence) with facts that are, actually, fun to describe.  Let’s review the facts and the holding, and stay tuned for some color(ful) commentary from Morris Communications d/b/a Fairway Outdoor Advertising v. City of Bessemer City Board of Adjustment.  The Facts              […]

Can You Vest Me NOW?

            In the recently issued opinion Wilson v. City of Mebane, several things just didn’t seem right to Mr. Wilson.  Or fair, for that matter.  So he sued.  And he won, but it took a lengthy and costly trip to the Court of Appeals.              This is basically a vested rights case, but if you […]

Court Hits Home Run for Planners and Developers

            In a case with common facts but little precedent, the NC Court of Appeals hit a home run this week for both planners and developers against fickle, mind-changing governments in S.T. Wooten v. Zebulon Board of Adjustment.  Facts              S.T. Wooten Corporation makes asphalt.  The Town of Zebulon administers a zoning ordinance.  When Wooten […]

Boards of Adjustment – A Fresh Look

             I divide my life into two parts – the period when the comic strip Calvin & Hobbes graced my morning newspaper . . . and all other times.              In June 1992 I clipped (and still have) a strip where Calvin declares “This town just ain’t big enough for the both of us.” But […]

Legislating Ethics — Part 2 — Conflicts of Interest in Quasi-Judicial Proceedings

            Many sermons and discussions on ethics include a story from an episode of The Andy Griffith Show.  Today’s post is no different.             In one of the later Andy Griffith episodes when Opie is older and the show was filmed in color, a man from “somewhere up north” robs a bank in Raleigh and […]

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