We’ve all taken a few steps forward, professionally, in terms of doing more with less as a result of the COVID-19 pandemic. Work travel? Zoom. Physical office? Home. Commute?...more
In our last installment of the Lease Dispute Series, we talked about tenant payment of real estate taxes. Today, we’ll talk about the covenant of quiet enjoyment.
North Carolina law implies a number of covenants in...more
COVID-19 took many, many things, changed many other things, and brought a lot of new things. One of the new things COVID-19 brought was a whole host of lease disputes. Lease disputes – usually, but not always, tenants...more
In this next part of our “what’s next” in North Carolina land use series we look at public meetings, which are an essential part of land use permitting. In particular, we look at quasi-judicial proceedings past the pandemic....more
While all of us are still firmly entrenched within the early stages of the global response to the COVID-19 global pandemic, I’m already thinking about “what’s next”. The land use world must roll on, after all, but it must do...more
Infrastructure fees are a common battleground between landowners/developers and local governments. The Supreme Court decided a case this week that counts as a “win” for the local governments, reversing a Court of Appeals...more
Today, we take a look at the land use case Jubilee Carolina, LLC v. Town of Carolina Beach, decided October 15, 2019.
In April 2017, the Town approved a site plan and conditional use permit that provided interconnectivity...more
In Hancock v. City of Monroe, an unpublished opinion decided on November 19, 2019, the Court of Appeals considered whether a commercial tenant’s right to appeal a zoning notice of violation – an “NOV” – had run, where the...more
An interesting “development” – so to speak – took place recently as to a quasi-judicial board’s obligations with regard to special and conditional use permits. The case is PHG Asheville, LLC v. City of Asheville, No....more
Today, we look at the North Carolina Court of Appeals’ recent analysis in Nationstar Mortgage, LLC v. Curry, et al., COA18-351 (November 6, 2018) regarding whether a secured lender is actually a party to a proceeding....more
Any stock brokerage website will tell you that “past performance is not indicative of future results.” The same is true in the context of land use permitting, such that what a municipality “had done” cannot ripen a claim to...more
We spend a lot of time in this space talking about land use ordinances. But what about the tools deployed in the event of a violation of those ordinances? State law provides that municipal and county governments may avail of...more
Last time, we introduced you to the concept of nonconformity laws in North Carolina. This time, we’ll spend some energy discussing the most common (and legally charged) aspect of nonconformity laws: how local laws restrict...more
Zoning laws, like any other laws, can change from time to time. What happens if your structure, lot, or use is permitted under an existing law, but the law changes in a way that your structure, lot, or use is suddenly no...more
In 2007, Developer Clarion-Reames, LLC (“Clarion”) sought to construct a residential housing development in Charlotte, North Carolina. Clarion received final approval from the City to record plats for Phase I section of the...more
12/15/2017
/ Bonds ,
Construction Contracts ,
Construction Industry ,
Construction Project ,
Housing Developers ,
Land Developers ,
Local Ordinance ,
Public Improvement Projects ,
Roads ,
State and Local Government ,
Urban Planning & Development ,
Zoning Laws
A partner of mine in New York used to say, “Few things can’t be undone in litigation.” I didn’t agree. A recently-decided case, following on less-recently-decided authority, from the North Carolina Court of Appeals reveals...more
In the recently-decided Cherry Community Organization v. City of Charlotte, the North Carolina Court of Appeals determines that standing to bring a declaratory judgment action challenging a rezoning requires both allegations...more
In March 2015, Katie and Chris Brewer bought 22 acres in Chapel Hill, Orange County – a rural, wooded spot – through an entity called Southeast Property Group, LLC. Among other things on their property, the Brewers intended...more
Crack open any law dictionary worth its salt and you will find the Latin phrase “Qui Tacet Consentire Videtur” or “He who is silent appears to consent.” Do not be fooled – context matters – a pithy Latin phrase is not a...more
What is a "variance" in the zoning context? Simply, it is relief from -- or a variation of -- the application of a zoning law to a particular piece of property....more
A quasi-judicial land use proceeding requires an impartial decisionmaker, like any courtroom proceeding. State law does its best to spell out what constitutes an "impermissible violation[] of due process"...more
A new law took effect in North Carolina on October 1, 2016, and it affects the need for building permits. Session Law 2016-113, entitled An Act to Provide Further Relief to the Agricultural Community, clarifies in Section 13...more
We talked in our last piece about the parties to a lease, and the nuances of that requirement. Today, as promised in our last post, we discuss the "leased premises".
A lease is a contract. It is a contract in which the...more
North Carolina is a "pure race" state, for real estate title purposes. That is, “first to record an interest in land holds an interest superior to all other purchases for value, regardless of actual or constructive notice as...more
9/28/2016
/ Appeals ,
Deed of Trust ,
Foreclosure ,
Land Titles ,
Lien Priority ,
Local Taxes ,
Notice Requirements ,
Preemption ,
Real Estate Transfers ,
Recording Acts ,
Tax Debt ,
Tax Liens
In October 2014, we blogged about cases from Nevada and D.C. giving priority of so-called HOA "superliens" over first position mortgages....more