Case Law Update – When It Helps to Read the Statute

Quasi-judicial proceedings are quite common in land use decisions.  They are proceedings where the local board loosely follows the rules of the courtroom in order to determine if the applicant has presented sufficient evidence on which the board can make the necessary findings to issue a variance or a special use permit or to overturn […]

Will I die in a Mediocre City?

Several years ago a Guilford County Commissioner told me, chuckling, that he had just heard Jim Melvin, Greensboro’s former mayor, defend some of his ideas for Greensboro’s downtown improvements by saying this: “I don’t want to die in a mediocre city.” The sentiment resonates. Last week WordPress sent me my blog statistics for 2013.  Among […]

Case Law Update – Making the Case for a Cell Tower

Just before Christmas the N.C. Court of Appeals issued an opinion that illustrates the necessity of presenting facts to support your case when the board is considering a special or conditional use permit.  Opinions, speculations, conjectures and surmises, the Court properly reminds us, are not evidence. In Blair Investments, LLC v. Roanoke Rapids, the city […]