V-Cast Library
In Hancock v. City of Monroe, an unpublished opinion decided on November 19, 2019, the Court of Appeals considered whether a commercial tenant’s right to appeal a zoning notice of violation – an “NOV” – had run, where the landlord, alone, received the notice of violation. Petitioners (the […]
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 […]
Today, we look at the North Carolina Court of Appeals’ recent analysis in Nationstar Mortgage, LLC v. Curry, et al., COA18-351 (November 6, 2018) regarding whether a secured lender is actually a party to a proceeding. A landowner obtained a loan, secured by the property, from Sidus Financial, […]
Any stock brokerage website will tell you that “past performance is not indicative of future results.” The same is true in the context of land use permitting, such that what a municipality “had done” cannot ripen a claim to prevent against what a municipality “might do.”
We spend a lot of time in this space talking about land use ordinances. But what about the tools deployed in the event of a violation of those ordinances? State law provides that municipal and county governments may avail of different remedies in the enforcement of local ordinances, including (and our focus) land use ordinances.
Aaron Frank
Amy C. O'Neal
John Cooke
Michael Thelen
WBD Admin
North Carolina Land Use Litigator 