Justia Zoning, Planning & Land Use Opinion Summaries

This case involved a dispute between the City of Kannapolis (Defendant), which rezoned rural land to promote commercial development, and neighboring landowners (Plaintiffs). At issue was whether Defendant approved a statement of reasonableness as required by N.C. Gen. Stat. 160A-383 when adopting the zoning amendment. The trial court entered an order granting Defendant's motion for summary judgment on all claims and dismissing Plaintiffs' declaratory judgment action. The court of appeals affirmed, holding that Plaintiffs failed to show the city council did not approve a statement. The Supreme Court reversed, holding that the zoning amendment at issue was invalid because Defendant failed to properly approve a statement under section 160A-383, thus rendering the amendment void. Remanded. View "Wally v. City of Kannapolis" on Justia Law

Morris Communications Corporation d/b/a Fairway Outdoor Advertising (Fairway) sought to re-erect a sign after its lawfully constructed sign was condemned by the DOT. Fairway applied for and received a sign permit for the relocated sign. The permit required that the work commence six months from the date of issuance. After Fairway took down its sign and reinstalled it, the city sent Fairway a notice of violation, asserting that the sign violated the city's outdoor advertising ban and asserting that Fairway's sign permit had expired because work on the project had not commenced prior to the permit's expiration date. Fairway appealed the notice to the board of adjustment (BOA), which affirmed the determination. The court of appeals affirmed. Fairway appealed. The Supreme Court held that the appellate court erred in determining the BOA's interpretation of the sign ordinance was entitled to deference under de novo review. Because the BOA's interpretation of its sign ordinance constituted an error of law, the Court reversed.