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Site Plan Approval, Conditional Use Permits, and Statutory Vested Rights

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

Findings of Fact In a Quasi-Judicial Land Use Proceeding, Question Mark (?)

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

Say My Name, Say My Name: Appealing Neighbors Must Name the Permit Applicant

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

Drilling to the Essence of a Land Use Proceeding

What type of land use proceeding is this? Finding the correct answer to this question is critical to knowing your client’s rights and avoiding legal error. Like different sports, there are distinct types of land use...more

Searching for the Heart of the Doctrine of Vested Rights Part II

On July 7, 2015, we posted “Searching for the Heart of the Doctrine of Vested Rights.”(See here) In that post, we compared a Court of Appeals’ decision in a public school teachers’ vested rights case with a decision of the...more

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