As we've posited in this space before, water will be the oil of the 21st century. In what way? Its value, its scarcity, its requirement for development. It will also be more valuable than oil in that, unlike oil, we have...more
Ask almost any lawyer or law student to name the most esoteric concept addressed in law school, and you're more likely than not to hear "The Rule Against Perpetuities". The Rule Against Perpetuities, or the RAP, exists at...more
The Court of Appeals issued a number of decisions today, while snow and ice ghosted the City of Raleigh. The Court addressed trespass to land, the availability of the "offset" defense to commercial loan guarantors. Let's...more
Last week, the North Carolina Court of Appeals addressed some unique issues with respect to the trial court record in an appeal of a quasi-judicial proceeding....more
Portending what is likely to be a significant legislative session for local government powers and real property rights in North Carolina, the first "substantial" bill introduced in the 2015-2016 session of the North Carolina...more
We've blogged in the past about the City of Raleigh's massive zoning re-mapping process, which is meant to migrate all properties in the City's land use jurisdiction into the reach of the new Unified Development Ordinance. ...more
The City of Raleigh, growing at a seemingly undeniable pace, is aiming to "get ahead" of the governance challenges such growth portends by splitting the City's Department of Planning and Development into two separate...more
Former Durham District Attorney Tracey Cline was removed from office by Court order in the first half of 2012. The story behind her efforts to return to the office has been detailed at great length by the local Raleigh and...more
A post-Great Recession treat, the North Carolina Court of Appeals affirmed today a ruling that the Town of Black Mountain is entitled to enforce subdivision performance bonds originally in the name of Buncombe County, after...more
How broadly will the appellate courts interpret a restrictive covenant applicable to real property? Not so broadly as to prohibit a parking lot to be used by customers for an otherwise expressly prohibited use....more
The North Carolina Court of Appeals issued a fractured ruling today on the manner of service and the interpretation of North Carolina Rule of Procedure 4(j1). The case is In re Powell, No. COA14-498 (December 2, 2014)....more
Thanks to the internet, is this a golden age of direct-to-consumer, everyday necessities like living quarters -- think AirBnB or Couchsurfing -- to transportation -- think Uber and Lyft? Is laundry next? What about eating? ...more
In 2011, the North Carolina General Assembly enacted the following statute allowing payment of attorney fees in the face of certain local government acts...more
Today, the North Carolina Court of Appeals issued a decision giving legal operation to the common, catchall zoning ordinance provision stating that “[u]ses not specifically listed in the Table of Permitted Uses are...more
It's rare that an ordinary commercial lease term can make national news, at least indirectly.
Some higher-profile stores are bucking the Holiday trend this year and refusing to open on Thanksgiving day. Costco, Lowe's...more
We've blogged in the past about the efforts of Dominion Resources, Inc. to construct a natural gas pipeline from West Virginia, through Virginia, leading to southern North Carolina. We've also blogged about the anticipated...more
We've been quiet these past few weeks but the world has not been. We'd like to talk today about two entirely unrelated but fascinatingly fun topics: (1) the North Carolina Department of Transportation's ("NCDOT") idea to...more
Mortgage lenders beware. -
In late August, the D.C. Court of Appeals rendered a decision in Chase Plaza Condominium Association, Inc. v. J.P. Morgan Chase Bank, N.A., CA-5826-10 (August 28, 2014) determining that a...more
All are presumed to know about the recent activity around the legal issue -- not the human issue, the legal issue -- of same-sex marriage.
In Asheville, in response to the coming legal change, the City Council earlier...more
As any good business knows, a good website is critical. A good website provides an impression, serves at a repository for information, functions as a means of communication and works as a vehicle for a transaction, among...more
Our regular readers will know that this blog is as much about land use, specifically, as it is about local government powers, generally, and the direct and indirect impacts on land use....more
We blogged last week about an innovation district coming to Durham, North Carolina, to be affectionately called "Durham ID".
Asheville, North Carolina, is poised to designate three innovation districts of its own in...more
This past session, the North Carolina General Assembly replaced the existing Underground Damage Prevention Act with the Underground Utility Safety and Damage Prevention Act, which took effect on October 1, 2014....more
The Interstate Renewable Energy Council reports in its U.S. Solar Market Trends 2013 that North Carolina ranks third among U.S. states in solar power installations in 2013. The 261 megawatts installed, which is how these...more
So many great ideas sound so simple, so obvious after development and actualization, right?
Velcro. Tupperware. The cheeseburger. Buying a condo in Manhattan's West Village in 1987....more