zoning violation (North Carolina) · Go Syfert
← North Carolina issues

zoning violation in North Carolina

7 North Carolina opinions name it 1 courts 1987–2017 0 in the last five years

The cases below were cited by North Carolina courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (7)

CaseFollowedCited
City of Winston-Salem v. Hoots Concrete Co.green
ncctapp · 1980 · cited in 2 North Carolina opinions naming this issue, 2014–2017
2 sentences

2017See Shearl v. Town of Highlands , 236 N.C.App. 113 , 116-17, 762 S.E.2d 877 , 881 (2014) ("[T]he burden of proving the existence of an operation in violation of the local zoning ordinance is on Respondent." (citing *81 Cty. of Winston-Salem v. Hoots Concrete Co. , 47 N.C.App. 405 , 414, 267 S.E.2d 569 , 575 (1980) ).

2017See Shearl v. Town of Highlands , 236 N.C.App. 113 , 116-17, 762 S.E.2d 877 , 881 (2014) ("[T]he burden of proving the existence of an operation in violation of the local zoning ordinance is on Respondent." (citing *81 Cty. of Winston-Salem v. Hoots Concrete Co. , 47 N.C.App. 405 , 414, 267 S.E.2d 569 , 575 (1980) ).

22
Shearl v. Town of Highlandsgreen
ncctapp · 2014 · cited in 1 North Carolina opinions naming this issue, 2017–2017
2 sentences

2017See Shearl v. Town of Highlands , 236 N.C.App. 113 , 116-17, 762 S.E.2d 877 , 881 (2014) ("[T]he burden of proving the existence of an operation in violation of the local zoning ordinance is on Respondent." (citing *81 Cty. of Winston-Salem v. Hoots Concrete Co. , 47 N.C.App. 405 , 414, 267 S.E.2d 569 , 575 (1980) ).

2017See Shearl v. Town of Highlands , 236 N.C.App. 113 , 116-17, 762 S.E.2d 877 , 881 (2014) ("[T]he burden of proving the existence of an operation in violation of the local zoning ordinance is on Respondent." (citing *81 Cty. of Winston-Salem v. Hoots Concrete Co. , 47 N.C.App. 405 , 414, 267 S.E.2d 569 , 575 (1980) ).

11
Bradley v. Somersgreen
sc · 1984 · cited in 1 North Carolina opinions naming this issue, 1999–1999
1 sentence

1999App. 611, 613 , 322 S.E.2d 665, 657 (1984) (barring the zoning challenge of a month-to-month tenant whose challenge was initiated after the leasehold was terminated).

11
Wil-Hol Corp. v. Marshallgreen
ncctapp · 1984 · cited in 1 North Carolina opinions naming this issue, 1999–1999
2 sentences

1999See Wil-Hol Corp. v. Marshall, 71 N.C.App. 611, 613 , 322 S.E.2d 655, 657 (1984) (barring the zoning challenge of a month-to-month tenant whose challenge was initiated after the leasehold was terminated).

1999See Wil-Hol Corp. v. Marshall, 71 N.C.App. 611, 613 , 322 S.E.2d 655, 657 (1984) (barring the zoning challenge of a month-to-month tenant whose challenge was initiated after the leasehold was terminated).

11
State v. . Partlowgreen
nc · 1884 · cited in 1 North Carolina opinions naming this issue, 1998–1998
1 sentence

1998See State v. Partlow, 91 N.C. 550, 552 (1884).

11
Pinehurst Area Realty v. Pinehurstgreen
ncctapp · 1990 · cited in 1 North Carolina opinions naming this issue, 1997–1997
2 sentences

1997According to plaintiff appellants, the newspaper advertisement for the zoning text amendment hearing stated that the County intended to add "`government owned buildings, facilities, and institutions' to the list of permitted uses in certain zoning districts." This advertisement, plaintiff appellants contend, was a "deliberate attempt by the county commissioners to conceal from the public the true purpose of [the zoning hearing] so that concerned citizens would not attend." In Pinehurst Area Realty v. Pinehurst, 100 N.C.App. 77, 80 , 394 S.E.2d 251, 253 (1990), cert. denied, 501 U.S. 1251 , 111

1997App. 77, 80 , 394 S.E.2d 251, 253 (1990), cert. denied, 501 U.S. 1251 , 115 L.

11
Rutgers v. Pilusogreen
nj · 1972 · cited in 1 North Carolina opinions naming this issue, 1987–1987
2 sentences

1987Rutgers, State Univ. v. Piluso, 60 N.J. 142, 152-53 , 286 A. 2d 697, 702 (1972).

1987Rutgers, State Univ. v. Piluso, 60 N.J. 142, 152-53 , 286 A. 2d 697, 702 (1972).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in North Carolina. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
Overton v. Camden County green
ncctapp · 2002
2 sentences

2011The county appealed to this Court, arguing that “the trial court erred in applying the UDO to petitioner’s zoning violation, instead of the CCZO.” Id. at 394 , 574 S.E.2d at 160 .

2011The county appealed to this Court, arguing that “the trial court erred in applying the UDO to petitioner’s zoning violation, instead of the CCZO.” Id. at 394 , 574 S.E.2d at 160 .

12011–2011
Pinehurst Area Realty, Inc. v. Village of Pinehurst green
ncctapp · 1990
2 sentences

1997According to plaintiff appellants, the newspaper advertisement for the zoning text amendment hearing stated that the County intended to add "`government owned buildings, facilities, and institutions' to the list of permitted uses in certain zoning districts." This advertisement, plaintiff appellants contend, was a "deliberate attempt by the county commissioners to conceal from the public the true purpose of [the zoning hearing] so that concerned citizens would not attend." In Pinehurst Area Realty v. Pinehurst, 100 N.C.App. 77, 80 , 394 S.E.2d 251, 253 (1990), cert. denied, 501 U.S. 1251 , 111

1997According to plaintiff appellants, the newspaper advertisement for the zoning text amendment hearing stated that the County intended to add “ ‘government owned buildings, facilities, and institutions’ to the list of permitted uses in certain zoning districts.” This advertisement, plaintiff appellants contend, was a “deliberate attempt by the county commissioners to conceal from the public the true purpose of [the zoning hearing] so that concerned citizens would not attend.” In Pinehurst Area Realty v. Pinehurst, 100 N.C.

11997–1997
Lakeview Development Corp. v. City of South Lake Tahoe green
scotus · 1991
2 sentences

1997According to plaintiff appellants, the newspaper advertisement for the zoning text amendment hearing stated that the County intended to add "`government owned buildings, facilities, and institutions' to the list of permitted uses in certain zoning districts." This advertisement, plaintiff appellants contend, was a "deliberate attempt by the county commissioners to conceal from the public the true purpose of [the zoning hearing] so that concerned citizens would not attend." In Pinehurst Area Realty v. Pinehurst, 100 N.C.App. 77, 80 , 394 S.E.2d 251, 253 (1990), cert. denied, 501 U.S. 1251 , 111

1997App. 77, 80 , 394 S.E.2d 251, 253 (1990), cert. denied, 501 U.S. 1251 , 115 L.

11997–1997
Hartness v. Bush green
scotus · 1991
1 sentence

1997According to plaintiff appellants, the newspaper advertisement for the zoning text amendment hearing stated that the County intended to add "`government owned buildings, facilities, and institutions' to the list of permitted uses in certain zoning districts." This advertisement, plaintiff appellants contend, was a "deliberate attempt by the county commissioners to conceal from the public the true purpose of [the zoning hearing] so that concerned citizens would not attend." In Pinehurst Area Realty v. Pinehurst, 100 N.C.App. 77, 80 , 394 S.E.2d 251, 253 (1990), cert. denied, 501 U.S. 1251 , 111

11997–1997
Lakeview Development Corp. v. City of South Lake Tahoe green
scotus · 1991
2 sentences

1997According to plaintiff appellants, the newspaper advertisement for the zoning text amendment hearing stated that the County intended to add "`government owned buildings, facilities, and institutions' to the list of permitted uses in certain zoning districts." This advertisement, plaintiff appellants contend, was a "deliberate attempt by the county commissioners to conceal from the public the true purpose of [the zoning hearing] so that concerned citizens would not attend." In Pinehurst Area Realty v. Pinehurst, 100 N.C.App. 77, 80 , 394 S.E.2d 251, 253 (1990), cert. denied, 501 U.S. 1251 , 111

1997App. 77, 80 , 394 S.E.2d 251, 253 (1990), cert. denied, 501 U.S. 1251 , 115 L.

11997–1997

Statutes the citing opinions construe

NC § N.C. Gen. Stat. § 1A-1 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

PA 870 (1967–2026) NY 53 (1963–2026) VT 40 (1992–2026) MD 34 (1964–2026) IL 29 (1956–2025) NJ 28 (1951–2019) CT 27 (1963–2025) OH 22 (1993–2025) MA 21 (1969–2025) CA 17 (1930–2023) VA 16 (1994–2026) FL 15 (1962–2025) RI 13 (1983–2012) GA 12 (1971–2025) WI 11 (2000–2022) MI 10 (1990–2024) UT 9 (1995–2024) DC 9 (1975–2025) NM 9 (1989–2009) AZ 9 (1959–2026) LA 8 (1957–2013) NC 7 (1987–2017) IN 7 (1989–2017) CO 7 (1981–2009) MS 6 (1985–2022) DE 4 (1974–2023) NH 4 (1988–2021) IA 4 (2017–2021) ME 4 (2008–2014) MN 4 (1976–2003) WA 4 (1987–2014) MO 3 (1986–2018) KY 3 (1995–2022) OR 2 (2015–2018) ID 2 (2011–2011) WY 2 (2025–2025) KS 2 (2008–2008) ND 2 (1991–2016) NV 2 (1980–1997) AK 2 (1981–1982) SC 2 (2002–2021)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check