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Legal Update — General Assumbly Modifies Zoning Notification Rules

By Tom Terrell on June 18, 2009
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Two days ago the General Assembly modified NCGS 153A-343 (counties) and 160A-384 (municipalities) to require that third party rezonings (rezoning applications made by someone other than the property owner) cannot proceed until the owner has received notice by certified mail.

 Commentary: This bill was filed by Senator Tony Rand, a friend and one of my favorite members of the General Assembly.  However, Senator Rand’s initial bill draft was a disaster because it applied to first party rezonings and required service by certified mail on everyone whose property adjoined the tract in question.

 I saw Tony at an event in Chapel Hill and asked him what was going on.  He explained that a friend and client was in the hospital when neighbors initiated a third party rezoning to downzone his land.  His client/friend did not receive notice until a day or so before the hearing. Tony thought, rightfully so, that this was something between unfair and outrageous.  His cure, however, was to require notification to all adjoining owners equal to the same type of service of process required for initiating a lawsuit for everyday, garden variety rezonings.  In a year when the economy is strong, there are thousands of these rezonings across the state.  This type of notification would be the cannon-to-kill-a-fly cure and would create chaos, slow development to a halt, and serve as fodder for numerous lawsuits.

 At some point, somebody finally explained to Senator Rand or his staff the

difference between first and third party rezonings, and the resulting legislation is palatable.

Tom Terrell

Terrell_TomMr. Terrell is widely regarded as one of North Carolina’s leading land use attorneys, representing both private and governmental entities in matters related to real estate development. His practice “footprint” covers the state from the mountain counties to the coast and occasionally includes…

Terrell_TomMr. Terrell is widely regarded as one of North Carolina’s leading land use attorneys, representing both private and governmental entities in matters related to real estate development. His practice “footprint” covers the state from the mountain counties to the coast and occasionally includes parts of Virginia and South Carolina. His many clients are involved in commercial and residential real estate, solid waste hauling and disposal, telecommunications, quarries/asphalt and miscellaneous litigation related to permit denials, vested rights and rezonings.

He has published numerous articles and speaks regularly to legal, governmental and business groups on a variety of issues related to land use and zoning.

Mr. Terrell has served as a leader in numerous civic and legal endeavors, including Chairman of the Board of Trustees of the N.C. State Health Plan, Chairman of the Board of Trustees of Winston-Salem State University, and service on the Board of Directors of the UNC-CH General Alumni Association, Board of Directors of the High Point Chamber of Commerce, Board of Visitors of Guilford College and Board of Center Associates of the Center for Creative Leadership, and as a founding member of the N.C. Bar Association Zoning, Planning and Land Use Section.

More information can be found at https://www.foxrothschild.com/thomas-e-terrell-jr/.

Mr. Terrell can be contacted at mailto:tterrell@foxrothschild.com.

Read more about Tom TerrellEmail
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  • Posted in:
    Administrative and Regulatory
  • Blog:
    NC Legal Landscapes
  • Organization:
    Fox Rothschild LLP
  • Article: View Original Source

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