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A major company wants to buy property ready for development from Developer A. Developer A has secured a number of permits from federal and state agencies, but when Developer A files an application for zoning site plan approval at the municipality, a political fire storm erupts as a result. The municipality begins sprinting toward adopting a moratorium to stop approval of Developer A’s application.
Our Core Team is retained. First, the team attempts to negotiate with the municipality to exempt Developer A’s development from the future moratorium. Politics prevail and a moratorium is adopted. Our team files a lawsuit challenging the moratorium and its application to Developer A’s site plan application. In response, the municipality adopts new regulations that prohibit approving Developer A’s project and the moratorium dissolves. The team amends the original lawsuit to include claims for damages, including violations of Developer A’s constitutional rights.
After months of litigation, Developer A and the municipality sign a settlement agreement and a site plan permit is issued for the development of Developer A’s property by major company. Members of the community sue both the municipality and Developer A, challenging issuance of the permit. Our team provides guidance to the local attorneys representing the municipality and Developer A, and the challenge is quickly dismissed without an appeal.
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If you would like to learn more about the team:
The team authors the North Carolina Land Use Litigator, a blog that digests and analyzes land use legal issues that matter to property owners, business owners, developers and local governments in North Carolina. The team has also created a series of videocasts on such topics as land use, zoning, development agreements and more.