Myers Park Homeowners Ass'n v. City of Charlotte
229 N.C. App. 204
N.C. Ct. App.2013Background
- Queens University expanded on a 24.93-acre Myers Park campus in Charlotte within an R-3 single-family district.
- ZBA interpretations allowed the Levine Center as an accessory use and treated Wellesley Avenue as a non-Class VI street, enabling Queens access under the zoning rules.
- Dormitories were administratively interpreted as excluded from FAR calculations for R-3 nonresidential FAR limits, following a January 28, 2010 interpretation.
- MPHA and Atkinson filed a Hearing Request and Appeal to ZBA in December 2011; amendments followed in January 2012.
- ZBA upheld the administrator’s interpretations on February 28, 2012; decision filed March 13, 2012.
- Petitioners sought judicial review in Mecklenburg County Superior Court, which granted certiorari and affirmed ZBA; petitioners moved for rule 52/59 relief, which was denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Wellesley Avenue classification | MPHA contends Wellesley is Class VI | Queens/City argue Wellesley is Class V | Wellesley Avenue is not Class VI; valid as primary access |
| Dormitories and FAR calculations | Dormitories should be included in FAR if not residential | Dormitories are residential and excluded from FAR | Dormitories are residential and excluded from FAR calculations |
| Notice and due process regarding interpretation | Petitioners lacked notice of the 2010 interpretation before ZBA | Merits arguments focus on zoning interpretation, notice standard not dispositive | Due process concerns addressed on de novo review; interpretation reviewed de novo |
Key Cases Cited
- Hopkins v. Nash Cty.,, 149 N.C. App. 446, 560 S.E.2d 592 (2002) (certiorari review; appellate standard)
- Mann Media, Inc. v. Randolph Cty. Planning Bd.,, 356 N.C. 1, 565 S.E.2d 9 (2002) (whole-record vs. de novo review)
- CG&TCorp. v. Bd. of Adjustment of Wilmington, 105 N.C. App. 32, 411 S.E.2d 655 (1992) (sufficiency of factual findings; rational basis)
- Meier v. City of Charlotte, 206 N.C. App. 471, 698 S.E.2d 704 (2010) (notice and interpretation; due process in zoning)
- Welter v. Rowan Cty. Bd. of Comm’rs, 160 N.C. App. 358, 585 S.E.2d 472 (2005) (de novo review of zoning ordinance interpretations)
- Ayers v. Bd. of Adjustment for Town of Robersonville, 113 N.C. App. 528, 439 S.E.2d 199 (1994) (plain meaning of terms; avoid absurd results)