This is a news flash post. This afternoon the Raleigh News & Observer posted an online article stating that Superior Court Judge Shannon Joseph struck down as unconstitutional several key sections of the recently enacted legislation that overhauled and
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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Training School Kids to be Mercenary Soldiers
By Tom Terrell
In a classic Andy Griffith “don’t that beat everything” moment, Cumberland County had to decide if a facility for training military, law enforcement and mercenary soldiers – complete with multiple firing ranges, attack helicopters and simulated urban warfare settings…
At the Intersection of Arrogance and Unbridled Authority
By Tom Terrell
A recent Court of Appeals case (High Rock Lake Partners v. NCDOT) illustrates the vulnerable position property owners can find themselves in when dealing with railroads – who answer seemingly to nobody – and the NCDOT, whose…
Bloggers Have Ethical Obligations Too
By Tom Terrell
In my last post I commented (again) on the obligation of governmental officials to use the powers we grant them for the public’s benefit and not their own. But bloggers, I have discovered, have ethical obligations too, and it was…
Colonel Sherman Potter’s Commentary on Legislative “Ethics”
By Tom Terrell
I’ve written several posts in this space on the topic of governmental ethics and the often-shifting and occasionally fuzzy line separating personal interest from public good. As I said in a previous post (Government Ethics (Redux)):
“From lowly Soil…
Blog Writer’s Farewell
By Tom Terrell
Not my farewell, but my blog partner’s farewell. Someone you didn’t know existed. My job in this space has been content. To provide commentary and insights into the world of land use and the environment that you don’t get…
Board of Adjustment Subpoenas – What are They and How do They Work??
By Tom Terrell
American counties and towns are peppered with an unusual governmental creature called the “Board of Adjustment.” BOA functions may vary state to state, but they are the focal point for some of the most far-reaching land use decisions made…
The Sound of Chirping Birds
By Tom Terrell
On a few occasions I’ve used this blog to comment on the economy that undergirds land development and growth. Two years ago, I woke up on New Year’s Day and, reflecting on the economic carnage we all had witnessed…
Impact Fees (APFOs) – So, Is that Your Final Answer?
By Tom Terrell
Apparently we have to wait a bit longer for a final answer to the state’s million dollar question: can schools be funded by assessing developers an “impact fee.”? The latest non-answer was recently published in the N.C. Supreme Court’s…
Moving to the Nuisance . . . and then Complaining
By Tom Terrell
If your knowledge of land use theory comes from a textbook you might think zoning is about the right and logical use of land. But if your knowledge comes from life in the zoning battle trenches where bullets fly…