Impact Fees (APFOs) – So, Is that Your Final Answer?

            Apparently we have to wait a bit longer for a final answer to the state’s million dollar question: can schools be funded by assessing developers an “impact fee.”?  The latest non-answer was recently published in the N.C. Supreme Court’s non-decision in the Cary-originated Amward Homes case.              I’ve covered this issue in numerous previous […]

Moving to the Nuisance . . . and then Complaining

             If your knowledge of land use theory comes from a textbook you might think zoning is about the right and logical use of land.  But if your knowledge comes from life in the zoning battle trenches where bullets fly fast and shrapnel wounds are common, you know that zoning decisions often have more to […]

Solar Farms – In the News Again

             My June 9 post on solar farms (“Destroying the Environment to Save It”) discussed the world’s largest solar farm – a 3,600 acre project in the Mojave Desert.  Little did I suspect that two weeks later the place I live – Guilford County – would be a “finalist” for one even larger.              I say “finalist” […]

APFOs – They’re Back

             Just when we thought the N.C. Court of Appeals had fully resolved all matters related to APFOs (“Adequate Public Facilities Ordinances”) the N.C. Supreme Court has decided to review the issue by granting certiorari in two cases: Lanvale v. Cabarrus County (a previously unpublished opinion) and Amward Homes v. Town of Cary (a case […]

Zoning and School Funding — Do They Mix?

            This week the Court of Appeals decided in Union Land Owners Association, et. al. v. Union County that the North Carolina zoning and subdivision statutes did not authorize Union County to adopt an APFO (adequate public facilities ordinance) to pay for schools.  The Background             Union County is a hotbed of growth.  Residential growth.  […]

Existing vs. New Home Sales — What’s the Difference?

The lead article in yesterday’s Charlotte Observer was interesting news.  The headline read “Charlotte homes sales rebound.” Today’s High Point Enterprise had a similar lead article: “High Point home sales show large increase for October.” Home sales were up 20% in Charlotte and 22% in High Point.  But the story behind the story is that these […]

Legal Update – Zoning vs. Subdivision Ordinances

            This week the N.C. Court of Appeals published Tonter Investments v. Pasquotank County, an appeal by a developer who purchased three tracts of land before the county adopted an ordinance requiring all newly subdivided land to have at least 25 feet of road frontage and be within 1,000 feet of a public water supply. […]

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