Protest Petitions – Wrongful Power, Wrongfully Placed

The zoning protest petition is the greatest unchecked power ever placed in the hands of an unelected citizen in North Carolina.  It’s past time we repealed the statute. North Carolina’s protest petition statute (N.C. Gen. Stat. § 160A-385) grants an anomalous and unjustifiable power to a citizen who owns a mere 5% of a 100 […]

When Power Corrupts

When a law partner poked his head into my office to give me the breaking news about Patrick Cannon, Charlotte’s newly-indicted mayor, my head told me that I should feel some degree of outrage, but my heart only felt sadness. Like all of us, I watched the news unfold to learn what seemed to be […]

Case Law Update – When a Zoning Board’s Decision Becomes Binding Legal Precedent

A recent N.C. Court of Appeals decision expanded upon and clarified when a prior quasi-judicial decision is binding on future boards. Disclosure: It was my privilege to have served as co-counsel at the board level and as lead litigation counsel for the petitioners in this case. While I don’t believe the commentary below exhibits bias, […]