Sanchez v. Town of Beaufort
211 N.C. App. 574
N.C. Ct. App.2011Background
- Petitioner Sanchez lives opposite Smith's property in Beaufort's historic district, adjacent to the Carpenter Cottage slated for demolition.
- Smith sought a COA to demolish the cottage and build a new one-and-a-half-story structure; BHPC denied COAs initially.
- After mediation, Smith filed a new COA application for a taller structure; BHPC held three hearings in 2009.
- BHPC denied the COA at 24-foot height as incongruous with the district; Smith appealed to the BOA.
- BOA reversed BHPC, remanding with instructions to issue a COA; BHPC later voted to issue the COA.
- Sanchez challenged the BOA's decision in superior court; the court affirmed the BOA, and Sanchez appeals.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing to challenge BOA decision | Sanchez has special damages from lost private view. | Standing requires no special damages; community effects suffice. | Sanchez has standing due to special damages from view loss. |
| Scope and standard of certiorari review | Review should ensure legal errors and substantial evidence. | Standard supports deference to BOA decisions under certiorari. | Proper certiorari review and standards of review articulated. |
| Congruity standard and BHPC height rule | BHPC's 24-foot cap was arbitrary and not contextually grounded. | Height must be consistent with district context; 24 feet reasonable. | BHPC's 24-foot limit arbitrary; not supported by context; BOA correct. |
| Vista considerations as basis for denial | BHPC relied on protected vistas to deny COA. | BHPC denial based on height, not vistas; no basis to deny on vista grounds. | BHPC cannot uphold denial on vistas; vista rationale rejected. |
Key Cases Cited
- Hearn v. Zoning Bd. of Adjust., 61 N.C.App. 612 (1983) (standing requires special damages to challenge zoning actions)
- Jackson v. Bd. of Adjust., 275 N.C. 155 (1969) (standing when proposed use is unlawful due to zoning)
- A-S-P Associates v. City of Raleigh, 298 N.C. 207 (1979) (incongruity is a contextual standard for historic districts)
- Meares v. Town of Beaufort, 193 N.C.App. 96 (2008) (contextual evaluation of district's total environment)
- Ward v. Inscoe, 166 N.C.App. 586 (2004) (arbitrary and capricious standard in administrative decisions)
- Fantasy World, Inc. v. Greensboro Bd. of Adjust., 128 N.C.App. 703 (1998) (certiorari review requires record-supported decisions)
- Ballas v. Town of Weaverville, 121 N.C.App. 346 (1996) (failure to make findings not fatal if basis is clear from record)