Fort v. County of Cumberland
218 N.C. App. 401
N.C. Ct. App.2012Background
- Petitioners challenged Cumberland County Board of Adjustment’s approval of TigerSwan’s site plan for a Training Facility on roughly 1,000 rural acres.
- Facility classified as a private school under the A1 Agricultural District zoning, though evidence shows it provides military, law enforcement, and security training plus other courses.
- Site plan includes multiple firing ranges with berms and SDZs to manage noise and safety risks, and concerns about stray gunfire and groundwater/soil contamination.
- Petitioners, nearby landowners, testified to increased noise, safety concerns, helicopter use, and potential property-value decreases; Board unanimously found petitioners had standing but reversed the Zoning Administrator’s decision only by a 3-2 vote due to statutory voting requirements.
- Trial court held petitioners have standing but determined the Training Facility is a permitted use in A1, which the petitioners appealed; the matter then proceeded to appellate review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing to challenge | Fort and others have standing due to special damages | TigerSwan contends lack of standing | Petitioners have standing |
| Whether Training Facility is a permitted use | Training Facility is not within permitted uses of A1 district | Facility fits as a 'private school' under permitted uses | Not a permitted use |
| Interpretation of 'SCHOOLS, public, private, elementary or secondary' | Words should be read to limit to elementary/secondary; private/public qualify separately | Each term stands independently; facility could be a private school | Inclusion excludes other school types; not a permitted use |
Key Cases Cited
- Fish House, Inc. v. Clarke, 204 N.C. App. 130 (N.C. App. 2010) (standing adjudications may be raised on appeal)
- Mangum v. Raleigh Bd. of Adjustment, 362 N.C. 640 (N.C. 2008) (standing and evaluation of damages for land-use challenges)
- Sanchez v. Town of Beaufort, 710 S.E.2d 350 (N.C. App. 2011) (standing established where use would reduce property value)
- State v. Nat'l Food Stores, Inc., 270 N.C. 323 (N.C. 1967) (evidence rules not controlling for statutory interpretation)
- Magnum v. City of Asheville, 362 N.C. 643 (N.C. 2008) (standing and due process in land-use challenges)
- Ayers v. Bd. of Adjustment, 113 N.C. App. 528 (N.C. App. 1994) (statutory interpretation principles for zoning ordinances)
- Cogdell v. Taylor, 264 N.C. 424 (N.C. 1965) (interpretation rules for statutes and ordinances)