Latest Publications

Share:

Nevada and D.C. Courts Give Priority of Position to HOA Assessment "Superliens" Over First Mortgages

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

10/16/2014

Asheville City Hall's Celebratory "Rainbow Flag" Challenged on Basis of Local Government Powers

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

10/13/2014 - Local Governance

Raleigh and Wake County Websites Recognized Among Best, Nationwide

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

10/10/2014 - Government Entities Municipalities Websites

Land Use By Another Name?: Local Governments Seek to Tax Softdrinks By Ballot Measure

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

10/9/2014 - Ballot Measures Local Taxes

Asheville Gets "In" On It: Innovation Districts and the Return of the Suburban Worker

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

10/8/2014 - Urban Planning & Development

Call Before You Dig: North Carolina's New "Underground Utility Safety and Damage Prevention Act" Takes Effect October 1, 2014

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

10/8/2014 - New Legislation Underground Regulation Utilities Sector

North Carolina Ranks Third Among U.S. States, First In the East, In Solar Power Installations for 2013

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

10/7/2014 - Energy Energy Policy Renewable Energy Solar Energy

The Onion Spoofs Land Use, Cites the "Admittedly Crazy Idea" of Urban Waterfront Revitalization

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

10/7/2014 - Redevelopment Urban Planning & Development Waterfront Properties

Coming Attractions: 15-Acre Durham Innovation District, a "Downtown Research Hub"

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

10/3/2014 - Mixed-Use Zoning Real Estate Development Redevelopment

Raleigh and State Are Close(r) on a Deal for "Destination" Dix Park

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

10/3/2014 - Public Parks Urban Planning & Development

Illinois Court: Municipal Zoning and Stormwater Laws Apply to School District's Construction Project

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

10/2/2014 - Industrial Stormwater Rule Public Projects Public Schools School Districts Storm Water Urban Planning & Development

Dominion's Atlantic Coast Pipeline: Property Owners Are Being Contacted

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

10/1/2014 - Dominion Resources Energy Natural Gas Oil & Gas Pipelines

Boyz In the Agrihood: Planned Communities Trade Golf Courses for Working Farms

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

10/1/2014 - Farms Golf Courses Sustainable Communities Strategy

Public Comment Period Closing As To Raleigh's Citywide Zoning District Remapping Project

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

9/29/2014 - Public Comment

Land Use and Successful Development Projects: "The Payoff of High Quality Design Can Be Big"

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

9/23/2014 - Land Use Courts Land-Use Permits Real Estate Market

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

34 Results
|
View per page
Page: of 2