The week before Christmas 2020, I received word from the N.C. Supreme Court that it had denied discretionary review in a case out of Western North Carolina that my client had won in the N.C. Court of Appeals in 2018. We had prevailed at the trial court level in 2017 and before the county’s board
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Where do Solar Farms Belong?
By Tom Terrell
I was intrigued to learn that Cleveland County, N.C. is considering a zoning ordinance amendment to make solar farms allowable only in light and heavy industrial districts.
It appears the ordinance amendment is being considered because solar farms – like practically all land use change proposals – bring out neighbors who do not want change. …
Senate Bill 704 — Careful Aim But Narrow Miss
By Tom Terrell
On May 4th the N.C. legislature passed Senate Bill 704 (Session Law 2020-3) to address a broad array of problems created by COVID-19.
Bill section 4.31(a) amended the Emergency Management Act to add new section 166A-19-24 to authorize local governments to conduct remote meetings during declarations of emergency.
Although the detailed procedural requirements create traps…
Returning to “Normal” Public Hearings – Doing it Right
By Tom Terrell
This past Thursday I appeared before the Asheboro City Council in a quasi-judicial hearing for a conditional use permit. The city’s new template for safe hearings is worth other governments’ consideration.
No more than 10 people were allowed in chambers at one time. Only the mayor and four council members – enough for a quorum…
Moving to Virtual Public Hearings — Lessons Learned
By Tom Terrell
Kudos to the City of Greensboro for boldly keeping land use development projects moving through the approval pipeline despite local and State stay-at-home orders.
Last week, while sitting in my living room, I “appeared” before the Greensboro Zoning Commission on behalf of a developer of a 193-acre industrial project. The following night I “appeared” before…
Coronavirus and the Hospitalization of Participatory Government
By Tom Terrell
In younger days I traveled through African game lands in Uganda and explored an Amazon tributary in Bolivia. Both times I was confronted with the ironic fact that it’s easier to protect yourself against the large, loud, dangerous things you can see than the small things you cannot.
If you’re going to be sidelined or…
“Words Matter” in Zoning Ordinance Interpretation
By Tom Terrell
This month the Court of Appeals published an opinion (Appalachian Materials v. Watauga County) that provides clear step-by-step instructions for interpreting a zoning ordinance. Is this opinion, following on the heels of Henion v. Watauga County boring? Not at all.
It involves local political intrigue, a meddling “environmental” group, and friendly judicial jousting. Plus, I’ll…
A New Must-Read Case on Quasi-Judicial Proceedings
By Tom Terrell
Last week the N.C. Court of Appeals published yet another opinion (PHG v. City of Asheville) that (1) further defines the template for deciding quasi-judicial zoning applications and (2) curtails the all-too-frequent seduction of board members to slip into legislative shoes while wearing a (quasi) judicial robe.
Full disclosure: I argued PHG to the Court…
A New Game Changer Zoning Case
By Tom Terrell
I published this post last January but my law partners – who won the case – asked me to take it down. Why? Because the other parties asked the N.C. Supreme Court to review the decision and one of the bases for higher review is a case’s significance.
And since I had described this decision as one…
Case Law Update – What Is “Standing” and Who Has It?
By Tom Terrell
“Standing” is suddenly a hot topic in zoning law, with three recent appellate opinions on the subject, one of which was a case of first impression decided by our Supreme Court.
SIDEBAR: My colleague Kip Nelson and I have our own standing case in the N.C. Court of Appeals awaiting decision. Accordingly – and since…