Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Ring v. Moore County

Court of Appeals of North Carolina

December 19, 2017

GLEN LEWIS RING, WANDA JOYCE RING, WILLIAM THOMAS RING and PAMELA ANN RING, Plaintiffs,
v.
MOORE COUNTY, CAMP EASTER MANAGEMENT, LLC and BOB KOONTZ, Defendants.

          Heard in the Court of Appeals 5 April 2017.

         Appeal by Plaintiffs from an order entered 7 July 2016 by Judge James M. Webb in Moore County No. 16 CVS 496 Superior Court.

          Law Office of Marsh Smith, P.A., by Marsh Smith, for Plaintiffs-Appellants.

          Van Camp, Meacham & Newman, PLLC, by William M. Van O'Linda, Jr., and James R. Van Camp, for Defendants-Appellees Camp Easter, LLC, and Bob Koontz.

          Moore County Attorney Misty Leland for Defendant-Appellee Moore County.

          INMAN, JUDGE.

         A county ordinance rezoning a tract of land is not subject to challenge in court by owners of an adjacent tract who fail to allege actual or imminent injury resulting from the rezoning.

         Glen Lewis Ring, Wanda Joyce Ring, William Thomas Ring, and Pamela Ann Ring (collectively "Plaintiffs") appeal from an order dismissing their declaratory judgment action against Moore County, Camp Easter Management LLC ("Camp Easter"), and Bob Koontz (collectively "Defendants"), challenging the rezoning of a tract of land in Moore County, North Carolina (the "Property"). Plaintiffs argue that the trial court erred in concluding that Plaintiffs lacked standing to assert their spot zoning claims and to challenge the procedural defects in the rezoning process for the Property. After careful review, we affirm the trial court's order.

         Facts and Procedural History

         The subject of this appeal is a 108-acre tract of land in Moore County, North Carolina, the Property, owned by Camp Easter. In 2015, Camp Easter applied to the Moore County Board of Commissioners (the "Board") to rezone the Property from Residential and Agricultural - 40 ("RA-40") to Residential and Agricultural - 20 ("RA-20"). The application's stated purpose was "to allow for the development of a new elementary school and single-family development on the property." The Board rezoned the Property as requested in 2016. The rezoning reduced the minimum lot size from 40, 000 square feet to 20, 000 square feet.

         Plaintiffs own 150 acres of land adjacent to the Property. Since 1948, the family has owned and operated a commercial poultry farm on this land. The operation includes three active poultry houses, the waste from which Plaintiffs use to fertilize their fields. In addition to the farming operations, Plaintiffs use their property for deer and small game hunting. There is also a residential subdivision across from Plaintiffs' land.

         In April 2016, Plaintiffs filed a summons and complaint in Moore County against Defendants. Plaintiffs' complaint sought certiorari and a declaratory judgment ordering that the rezoning of the Property was null and void and of no effect because it was illegal spot zoning that was made arbitrarily and capriciously. Plaintiffs, within weeks, filed an amended complaint seeking only declaratory judgment. Defendants filed motions to dismiss the action on grounds including that Plaintiffs lacked standing.

         Following a motion by Plaintiffs, the trial court entered an order granting Plaintiffs leave to file and serve a second amended complaint. The second amended complaint alleged that Moore County provided inadequate or improper notice of rezoning, violated Plaintiffs' right to procedural and substantive due process under the Fourteenth Amendment to the United States Constitution and Article 1, § 19 of the North Carolina Constitution, and arbitrarily and capriciously engaged in impermissible spot zoning.

         On 7 July 2016, the trial court entered an order granting Defendants' motions to dismiss for lack of standing. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.