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. […]

Legislative Update – Comprehensive Zoning Reform is Coming . . . I think!

Tonight the State Senate voted 45-0 to approve Senate Bill 419, and I’m doing a rather undignified happy dance.  Approval does not mean passage.  The bill still must pass the House, but approval by the Senate means it is alive for the short session in 2018. SB 419 is North Carolina’s first comprehensive zoning and […]

Case law Update – Are There Limits to a Zoning Administrator’s Authority?

A recent N.C. Court of Appeals decision asked all the right questions about a zoning administrator’s authority to make discretionary decisions related to standing. And with one exception, found in the dissent, the Court gave all the right answers. In Morningstar Marinas, et. al. v. Warren County and Ken Krulik, Warren County Planning and Zoning […]