Atkinson v. City of Charlotte
235 N.C. App. 1
| N.C. Ct. App. | 2014Background
- Atkinson and Myers Park HOA sued City of Charlotte and intervenors to invalidate a zoning amendment.
- The amendment exempted certain parking decks, as accessory to institutional uses, from floor area ratio requirements in specified districts.
- Planning Commission recommended the amendment; Zoning Committee unanimously recommended to City Council and prepared a Statement of Consistency.
- City Council approved the amendment and adopted the Statement of Consistency on June 21, 2010.
- Plaintiffs filed a declaratory judgment action December 2012; intervenors moved to intervene March 2013; summary judgment granted to City and intervenors; plaintiffs appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the City complied with § 160A-383 in adopting a proper statement | Atkinson argues the consistency statement failed statutory requirements. | City/Intervenors contend Wally limited review to approval, not content. | Statutory compliance failed; statement void; remand for judgment for plaintiffs. |
Key Cases Cited
- Wally v. City of Kannapolis, 365 N.C. 449 (2012) (requires a descriptive, explanatory consistency statement under § 160A-383)
- In re Will of Jones, 362 N.C. 569 (2008) (standard of review for summary judgment in appellate context)
- Forbis v. Neal, 361 N.C. 519 (2007) (de novo review under summary judgment standard in appellate review)