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"COA weighs due process rights for opponents of local decisions"

North Carolina Lawyers Weekly

June 14, 2016

Nexsen Pruet attorney Tom Johnson recently provided insight into North Carolina zoning law. 

In "COA weighs due process rights for opponents of local decisions," North Carolina Lawyers Weekly examined the May 17 ruling from the state Court of Appeals regarding Butterworth v. City of Asheville.

At issue was a street width exemption, granted by the City of Asheville, to a developer. Johnson told reporter Jeff Jeffery that the court has helped to "clarify a long debated issue" of whether such zoning decisions are quasi-judicial or administrative.


“It’s been hard for city attorneys to know what advice they should give municipal leaders on this issue because the law has been in such flux. This opinion is a good roadmap for municipal attorneys, county attorneys and practicing attorneys to follow when they face these kinds of questions,” said Thomas Johnson, chair of Nexsen Pruet’s zoning and land use law practice subgroup.

 

Read more from the June 13th edition of NCLW. (Subscription required).

Thomas H. ("Tom") Johnson, Jr. is a "land use lawyer's land use lawyer."  He practices with the firm's real estate practice group and is leader of the firm's zoning and land use law practice subgroup.  He has more than two decades of experience in a broad range of real estate matters, and is a Board Certified Specialist in Real Property Law (Business, Commercial, Industrial, and Residential Transactions).

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