By Kevin Hornik and Garrett Davis

N.C. Court of Appeals (i) further clarifies conditions which demonstrate bias by a quasi-judicial decision maker, and (ii) clarifies the burden of expert testimony required to overcome a prima facie showing of entitlement in quasi-judicial proceedings.

This case involves an application by several property owners (the “Petitioners”) for a conditional use permit (the “CUP”), permitting Strata Solar (“Strata”) to build a solar farm on a portion of the Petitioners’ properties. Several neighbors (the “Intervenors”) sought to intervene, arguing that the Lincoln County Board of Commissioners should deny the Petitioners’ CUP application on the grounds that the solar farm would substantially injure the value of adjoining or abutting properties. Petitioners argued that the Lincoln County Board of Commissioners and the superior court erred in denying the Petitioners’ motion to recuse a Commissioner from participating in the review of and decision on Petitioners’ CUP application where that Commissioner had advocated against the CUP prior to taking office and had presented his own evidence against the CUP after taking office.

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By Lisa Glover

S355, Land-Use Regulatory Changes, was signed by the governor July 12.  The law (S.L. 2019-111) contains provisions affecting litigation practices in land use disputes, further refinements to the “Permit Choice Act” and the law regarding vested rights, and various provisions affecting day to day operations for local governments processing development permit applications (Part 1), as well as the enactment of Chapter 160D prepared by David Owens, Tom Terrell, LeAnn Nease Brown, and Robin Currin, which is a complete rewrite of the state’s planning and land use statutes (Part 2).   Part 1 was immediately effective July 12, while Part 2 will become effective Jan. 1, 2021.

Congratulations to the 160D team on seeing their goal accomplished! David Owens has indicated that the School of Government “will be putting out detailed information on the content and implications of 160D over the next few months, including an updated annotated version of the bill, tables that cross-reference the new statute to the existing statutes, checklists of items that need to be updated in local ordinances, and more,” including webinars and workshops.  The ZPLU Section Council is also currently in the process of planning a fall event to learn more about the new legislation, to celebrate the passage of 160D and to recognize those who were integral in making it happen.

By Al Benshoff

A handful of complicated bills of interest to this section were adopted during the 2017 “long session.”  Highlights include:
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