In this next part of our “what’s next” in North Carolina land use series we look at public meetings, which are an essential part of land use permitting. In particular, we look at quasi-judicial proceedings past the pandemic. North Carolina remains under a state of emergency, and I […]
Considerations for Development Applicants: Part I – Best Practices for Interacting with Local Governments in a Virtual World By Aaron Frank and Amy Crout Digital permitting services, virtual neighborhood meetings, live remote inspections, online city council and county commissioner meetings—this is the new reality of the development process […]
An interesting “development” – so to speak – took place recently as to a quasi-judicial board’s obligations with regard to special and conditional use permits. The case is PHG Asheville, LLC v. City of Asheville, No. COA18-251 (November 6, 2018). A developer proposed to build an eight-story, 178,412 […]
In Bizzarro v. County of Ashe, after a quasi-judicial land use proceeding, the County’s Planning Board approved Horvath Communications, Inc.’s application for a permit pursuant to “the Ashe County Telecommunications Tower Ordinance” to construct a telecommunications tower on a parcel of property neighboring a parcel of property owned by Mr. and Mrs. Bizzarro.
Nationally, we are noticing a slight “uptick” in published case law addressing claims that public officials are “biased”, maintain a “conflict of interest”, or are otherwise unable to perform constitutionally their duties as to land use decisions.
Aaron Frank
Amy C. O'Neal
John Cooke
Michael Thelen
WBD Admin
North Carolina Land Use Litigator 