As a quarter-century veteran of land use battles in every corner of this state there’s little I haven’t heard. But this much I know. What people think is often not reflected in what they say at the public podium.
NC Legal Landscapes
A Blog About North Carolina Land Use and Zoning Law
NC Legal Landscapes, published by Fox Rothschild LLP, focuses on legal issues related to land use, zoning, and development in North Carolina. The blog covers topics such as zoning litigation, land use permits, conditional use permits, and the impact of local government decisions on property development. It also addresses legislative changes affecting public hearings, virtual meeting protocols, and the regulatory environment for industries like solar energy and industrial projects. The blog provides insights into the procedural and substantive challenges faced by developers, local governments, and communities in navigating land use law and policy.
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A New Year’s Remembrance of Things Past
By Tom Terrell
Three years ago this morning I poured the first cup of coffee of 2010, closed the door to my study, and wrote a melancholy reflection of the economic devastation we had witnessed the preceding year. One year ago I…
Case Law Update – A Comment on Video Sweepstakes
By Tom Terrell
Members of the land use bar and city/county planning communities have anxiously awaited the N.C. Supreme Court’s review of Hest Technologies v. State of North Carolina involving what is popularly called video poker or video sweepstakes. The case was…
High Court Supports Property Rights Over Government – Again
By Tom Terrell
On the same day the N.C. Supreme Court supported a developer’s need for a driveway permit over NCDOT’s whimsical requirement that the developer first build a $3 million bridge to carry traffic from 60 homes, the High Court issued…
High Court Clips NCDOT’s Wings
By Tom Terrell
This past week the N.C. Supreme Court issued a long-awaited opinion in which basic property rights prevailed over a state agency with seemingly unlimited authority. The case is High Rock Lake Partners v. NCDOT. Justice Paul Newby’s concise…
Case Law Update – Does a Distant City Have Standing to Allege County Engaged in “Contract Zoning”?
By Tom Terrell
Last week the N.C. Court of Appeals issued an opinion that ends a long-fought battle between two eastern North Carolina governments, a battle that has pre-occupied the media, the public, and elected officials for 2½ years. The case is…
Case Law Update – Vested Rights and Lousy Syntax
By Tom Terrell
Last week the Court of Appeals published an opinion (MNC Holdings v. Town of Matthews) that analyzed how to interpret poorly written zoning ordinances, especially when a citizen’s property and rights are on the line.
Full and complete …
Cell Towers, Elections, Land Lines and Crystal Balls
By Tom Terrell
Swing state voters in 2012 – including the good people of North Carolina – got a taste of what it’s like to live in Iowa and New Hampshire every four years, and for most folks in my generation it…
Morrisville Tower Case Revisited
By Tom Terrell
Law is not unlike archery. You can hit the bullseye, the third ring, or miss the target altogether. In my recent post on the Morrisville cell tower case (American Tower v. Town of Morrisville) I thought I…
Case Law Update – Cell Towers, SUPs and Impossible Standards
By Tom Terrell
A recent Court of Appeals opinion, American Towers v. Town of Morrisville, simultaneously provides a good road map for interpreting evidence in quasi-judicial proceedings, shows how utterly maddening it can be to practice before local government boards, and illustrates…