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
The Durham Innovation District, or Durham ID, is coming to downtown Durham, North Carolina. The project envisions the redevelopment of 15 downtown acres to include one million square feet of new office and laboratory space,...more
We've blogged in the past about the dance between the City of Raleigh and the State of North Carolina over the City's 300-plus acre Dorothea Dix campus, which belongs to the State, leased to the City, returned to the State,...more
Much of land use law involves questions over the breadth of local government powers.
Today, we're looking at a spat between two units of local government: a municipality and a school board. The decision in Gurba v....more
It was reported back in May 2014 that Dominion Resources, Inc. was considering at the time, an "extremely preliminary" prospect, the construction of a 450-mile underground natural gas pipeline from West Virginia, through...more
I don't play golf. I like golf, I'll go out and hit around with friends or colleagues, but I don't "play golf". To me, playing golf means 18 holes on a weekend, maybe 36, and perhaps a round or two during the week. No, I...more
The City of Raleigh's planning staff is in the final days -- literally, two days -- of the period in which it will accept public comments from citizens on the City's Zoning District Remapping Project, about which we've...more
It's the first day of autumn. We at the North Carolina Land Use Litigator thought we'd take this chance to look at the world of real estate and land use a little differently....more
On August 20, 2014, the North Carolina Supreme Court issued an opinion giving great weight to properly-drafted forbearance agreements in a commercial loan and guaranty context. RL REGI N.C., LLC v. Lighthouse Cove, LLC, No....more
We're going to touch on three separate topics today in this post. First, we'll discuss a recent case from the North Carolina Court of Appeals regarding legal nonconforming uses, burdens of proof and lost zoning maps. ...more
This week, the North Carolina Court of Appeals waded in waters it doesn't often visit: the back pools of summary ejectment....more
The North Carolina Court of Appeals has spoken twice in recent weeks on zoning issues. Let's review.
Zoning Ordinance Amendments and Consistency Statements -
First, in Atkinson v. City of Charlotte, COA 13-226...more
We've blogged in the past about the City of Raleigh's ongoing zoning remapping, the result of the City's 2013 overhaul of its unified development ordinance....more
Our regular readers will know that we will, at times, take a step back from the legal side of things to look at the practical side of things. After all, in the words of Paul Collier, "Most conduct is guided by norms rather...more
It's the summer, and it's hot. It's been 90-plus all week in Raleigh and my phone tells me there is no chance of a cooling today or tonight. I thought we'd take this chance to dip into something a little different,...more
Raleigh, North Carolina -- the Land Use Litigator's home base -- has officially entered the fray of urban centers embracing the planning and business value of urban "parklets". The City is now accepting applications from...more
Last summer, we blogged here about the dispute between the North Carolina General Assembly -- okay, the "State" -- and the City of Asheville over the State's efforts to transfer ownership and operation of the City's water...more
Last April, we wrote about the significant changes to the North Carolina mechanics lien laws, which are continuing to create issues and opportunities for owners, contractors, subcontractors and title companies working in the...more