Say My Name, Say My Name: Appealing Neighbors Must Name the Permit Applicant

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. 

Charlotte, NC

Alleging and Proving Standing to Challenge Rezoning

In the recently-decided Cherry Community Organization v. City of Charlotte, the North Carolina Court of Appeals determines that standing to bring a declaratory judgment action challenging a rezoning requires both allegations of sufficient damages as well as evidence to support those allegations.  A well-pleaded complaint in a rezoning challenge, alone, does not end the standing inquiry.