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N.C. Supreme Court Issues Significant Ruling On Commercial Forbearance Agreements and Spousal Guaranties

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

9/15/2014 - Appeals Banks Commercial Contracts Commercial Loans ECOA Forbearance Agreements Guarantors Real Estate Development

A Few Zoning Notes: New Caselaw, Oakwood and Beer, Oh My!

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

9/12/2014 - Breweries Nonconforming Use Urban Planning & Development Wine & Alcohol

N.C. Court of Appeals Reviews Commercial and Residential Summary Ejectment Cases

This week, the North Carolina Court of Appeals waded in waters it doesn't often visit: the back pools of summary ejectment....more

8/7/2014

N.C. Court of Appeals Speaks On Zoning Issues: Consistency Statements, Legislative Records and Attorney Fees

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

8/6/2014 - Appeals Proposed Regulation State and Local Government

Raleigh's Citywide Zoning Remapping Goes Interactive

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

7/22/2014 - Urban Planning & Development

Land Use In Action: Raleigh and Other Dynamic Metros At the Forefront of the "Great Inversion"

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

6/24/2014 - Economic Development Real Estate Development Urban Planning & Development

Land Use Treats: Judicial Treatment of Landfills and Strip Clubs

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

6/20/2014 - Due Process Landfills Urban Planning & Development

Land Use Innovation: Raleigh Joins Urban Centers Employing "Parklets"

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

6/12/2014 - Municipalities Urban Planning & Development

North Carolina Trial Court Rules Unconstitutional State Law Transferring Ownership of City's Water System

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

6/11/2014 - Eminent Domain Takings Transfer of Title Water

"Lien In": North Carolina General Assembly Revisits New Mechanics Lien Laws

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

5/23/2014 - Construction Workers Contractors Liens Mechanics Lien Subcontractors Title Companies

One Too Many: Oregon "Privatizes" Sale of Liquor, With Which North Carolina Has Also Flirted

North Carolina is an alcoholic beverage control state, meaning it is one of 17 states with a monopoly over the retailing of distilled spirits. North Carolina is also a "local option" state, which means that county and...more

5/21/2014 - Monopolization Privatization Retailers Sales Wine & Alcohol

N.C. General Assembly Is Back In Session: Local Government Powers Are In the Spotlight

The North Carolina General Assembly has returned to Raleigh for its "short session", and the legislative bodies are already off to the races with proposed legislation affecting land use controls and local government powers in...more

5/19/2014 - Legislative Agendas

Signed, Sealed, Delivered, Rezoned: City of Raleigh to Begin City-Wide Rezoning and "Remapping" Process

We've posted here before about the wholesale change to the City of Raleigh's land use laws upon the September 1, 2013 effective date of a new unified development ordinance (UDO). Changes to the land use laws includes the...more

5/16/2014 - Economic Development Urban Planning & Development

N.C. Court of Appeals Upholds Use of Zoning Powers Against Landlords to Regulate Parking By Tenants

Pretty, Huh? Chapel Hill, North Carolina is a beautiful town like any other beautiful town. It has restaurants and parks and movie theaters and many renting and owning residents. But Chapel Hill is also a college...more

5/14/2014 - Appeals Cars Landlords Parking Tickets Residential Leases Tenants

Little Pink Houses: Debate Regarding Zoning Laws and Accessory Dwelling Units Getting More and More Relevant

We've blogged previously about the accessory dwelling unit or the so-called "in-law suite", and how zoning rules addressing these dwelling units can "foment" (or stymie) increased urban density. The accessory dwelling unit...more

5/12/2014 - Housing Market Urban Planning & Development

"Rails to Trails" or "Rails to Trespass": Supreme Court Speaks on the Abandonment of Certain Railroad Rights of Way

Last month, the Supreme Court of the United States (please, there is no such thing as the "United States Supreme Court") decided a very interesting case about easements. "Easements?", you ask. Yes, easements. We use them...more

4/11/2014 - Easements Railroads Railways

N.C. Court of Appeals: Zoning Administrator Cannot Determine Standing to Appeal

In 2013, the General Assembly revamped the laws governing zoning boards of adjustment in North Carolina in S.L. 2013-126, entitled "An Act to Clarify and Modernize Statutes Regarding Zoning Boards of Adjustment". The...more

3/24/2014 - Appeals Standing

Historic Districts and Certificates of Appropriateness: Raleigh's Latest Land Use Soap Opera

A compelling land use row is well underway right here in Raleigh. It allows commentary over anything from aesthetics, to history and historical context, to equity and fairness, to neighborly (or unneighborly) behavior, to...more

3/21/2014 - Historical Landmarks Historical Rehabilitation

N.C. Court Discusses Application of Res Judicata in Quasi-Judicial Land Use Proceedings

Today's topic is the North Carolina Court of Appeals' decision in Mount Ulla Historical Preservation Society, Inc. v. Rowan County, 11 CVS 2793 (February 18, 2014). The full opinion can be accessed below....more

2/19/2014 - Land Use Courts Res Judicata

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