Protest Petitions Revisited

It appears that my previous post (Protest Petitions Killed . . . Finally) was premature. The NC House did vote overwhelmingly to repeal G.S. 160A-385 which grants unelected citizens a unique power to control the decision-making authority of a city council engaged in routine rezonings. However, the Senate refused to accept this amendment (called a […]

Legislative Update – Protest Petitions Killed . . . Finally

In an unexpected move the NC House voted last Thursday to repeal the statute that allows citizens to file protest petitions which frustrate a city’s ability to rezone land except upon a favorable 75 percent majority vote. The decision saw little debate, and the N.C. League of Municipalities, whose members were evenly split on the […]

Case Law Update – SCOTUS, Koontz v. St. Johns River Water District, and the Public/Private Tug-of-War

This past week the U.S. Supreme Court issued an opinion in Koontz v. St. John’s Water District, a case lauded by property rights advocates as a “landmark ruling” and claimed by the permitting/planning communities to be an unreasonable shackle on legitimate governmental powers. It is neither. What were the [true] facts? The facts read differently […]