Redevelopment Commission v. Agapion

499 S.E.2d 474, 129 N.C. App. 346, 1998 N.C. App. LEXIS 517
CourtCourt of Appeals of North Carolina
DecidedApril 30, 1998
DocketNo. COA97-405
StatusPublished

This text of 499 S.E.2d 474 (Redevelopment Commission v. Agapion) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Redevelopment Commission v. Agapion, 499 S.E.2d 474, 129 N.C. App. 346, 1998 N.C. App. LEXIS 517 (N.C. Ct. App. 1998).

Opinion

McGEE, Judge.

This appeal arises from a condemnation by the Redevelopment Commission of Greensboro of residential rental property located in the Rosewood section in the northeast area of downtown Greensboro, North Carolina. The condemnation included defendants’ nine rental houses which are divided into duplexes for a total of eighteen rental units.

In June 1992 staff members from the City of Greensboro’s Department of Housing and Community Development were invited to a meeting of Rosewood residents to discuss problems with break-ins into boarded-up homes, trash, and the general decline of the neighborhood. The Redevelopment Commission of Greensboro selected Rosewood as a Community Development Target Area in July 1993. This classification makes an area eligible for federal funding for renovation and acquisition of deteriorated housing units. When an area is so classified, a redevelopment plan must then be prepared by the local redevelopment commission in accordance with the Urban Redevelopment Law, N.C. Gen. Stat. § 160A-500, et seq. (1994). A public hearing must be held prior to the commission’s final determination óf the plan. N.C.G.S. § 160A-513(e).

The plan is then submitted to the local planning commission for review. N.C.G.S. § 160A-513(f). The planning commission may either approve, reject, or modify the plan. Within forty-five days the planning commission must “certify to the redevelopment commission its recommendation on the redevelopment plan[.]” Id. The plan is then submitted with any recommendations to the city council which must also hold a public hearing to allow public discussion of the plan. Notice to the public must be given of the meeting, and the notice must describe the plan “in a manner designed to be understandable by the general public.” N.C.G.S. § 160A-513 (g) & (h).

At the hearing the governing body shall afford an opportunity to all persons or agencies interested to be heard and shall receive, make known, and consider recommendations in writing with reference to the redevelopment plan.
(i) The governing body shall approve, amend, or reject the redevelopment plan as submitted.
(j) Subject to the proviso in subsection (c) of this section, upon approval by the governing body of the redevelopment plan, the commission is authorized to acquire property, to execute con[348]*348tracts for clearance and preparation of the land for resale, and to take other actions necessary to carry out the plan, in accordance with the provisions of this Article.

N.C.G.S. § 160A-513 (h),(i)& (j).

Pursuant to the Urban Redevelopment Law, the Greensboro Planning Board certified on 19 January 1994 that Rosewood was an area in danger of becoming a blighted area in the reasonably foreseeable future. A redevelopment plan for the area was prepared by plaintiff. On 6 June 1994 the Greensboro City Council approved the redevelopment plan, which included thirty-nine tracts of land to be acquired by plaintiff, nine of which are owned by defendants.

Plaintiff filed a complaint for condemnation against defendants on 17 October 1995 asserting that the properties sought to be condemned lie “within the redevelopment area and [are] an integral part of the overall plan of redevelopment of the ‘Rosewood Redevelopment Area’ ” and that “it is necessary to acquire said real estate ... to accomplish the objective of clearance, rehabilitation and/or redevelopment of the ‘Rosewood Neighborhood Area’ Redevelopment Plan.” Defendants filed an answer denying that it was necessary for plaintiff to acquire defendants’ properties as part of the redevelopment plan.

The trial court held a hearing on 7 October 1996 and entered an order on 4 December 1996 concluding as a matter of law that:

1. In order to determine if the taking of the real property is for a public purpose, this Court must determine that the real property is blighted as that term is defined in North Carolina General Statute § 160A-503(2) as [of] the date of the taking, that being October 17, 1995, the date of the filing of the complaint. This determination by the Court is independent of the determination of the plaintiff on this question, the scope of review on this issue being that of a trial de novo.
2. On the date of taking, October 17, 1995, with the exception of 1319/1321 Meadow Street (Lot 10), the real property was blighted by reason of its dilapidation, deterioration and its lack of ventilation being detrimental to the public health, safety and welfare. By reason thereof, the taking of the said real property, with the exception of 1319/1321 Meadow Street (Lot 10), is for a public purpose.
[349]*3493. The plaintiff has failed to meet its burden of proof that on the date of taking, October 17, 1995, 1319/1321 Meadow Street (Lot 10) was blighted. This determination does not prejudice the right of the plaintiff to seek to acquire this property by condemnation at a later date in a separate action should the property become blighted in the future.
4. With the exception of 1319/1321 Meadow Street (Lot 10), the [Commission] has the authority to condemn the real property hereinabove described.

The trial court then ordered that “with the exception of 1319/1321 Meadow Street (Lot 10), fee simple, marketable title to the property . . . and the right to possession shall vest in the plaintiff[.]”

Defendants appeal the condemnation of these eight properties. Plaintiff cross-appeals the trial court’s ruling that plaintiff was not entitled to also condemn 1319/1321 Meadow Street (Lot 10).

I.

The threshold issue is whether the trial court erred in concluding that plaintiff acted for a public purpose in condemning defendants’ property. See Redevelopment Commission v. Bank, 252 N.C. 595, 114 S.E.2d 688 (1960). Our Supreme Court in Redevelopment Comm. v. Grimes, 277 N.C. 634, 640, 178 S.E.2d 345, 348-49 (1971), quoting Anno. 44 A.L.R. 2d 1414 at page 1437, stated that the “finding of the redevelopment authority . . . that a particular area is ‘blighted,’ [or] that redevelopment serves a ‘public use,’... is not generally reviewable, unless fraudulent or capricious, or, in some instances, unless the evidence against the finding is overwhelming.” The Grimes Court further said “[i]t has been repeatedly held or stated that the fact that some of the lands in an area to be redeveloped under redevelopment laws are vacant lands or contain structures in themselves inoffensive or innocuous does not invalidate the taking of the property[.]” Id. at 640, 178 S.E.2d at 349.

In this case, defendants did not allege in their answer that plaintiff acted arbitrarily or in bad faith. Defendants also failed to include in the record the transcript of the 7 October 1996 hearing where they argue in their brief to this Court that they alleged plaintiff acted in an arbitrary and capricious manner in discriminating against the occupants of defendants’ units who were “people of Vietnamese descent.” Therefore, there is no evidence in the record before this Court that minority individuals were even living in defendants’ properties at the [350]

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Related

REDEVELOPMENT COM'N OF CITY OF WASHINGTON v. Grimes
178 S.E.2d 345 (Supreme Court of North Carolina, 1971)
Redevelopment Commission of Greensboro v. Hagins
128 S.E.2d 391 (Supreme Court of North Carolina, 1962)
Redevelopment Commission v. Security National Bank of Greensboro
114 S.E.2d 688 (Supreme Court of North Carolina, 1960)
Dare County Board of Education v. Sakaria
492 S.E.2d 369 (Court of Appeals of North Carolina, 1997)

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Bluebook (online)
499 S.E.2d 474, 129 N.C. App. 346, 1998 N.C. App. LEXIS 517, Counsel Stack Legal Research, https://law.counselstack.com/opinion/redevelopment-commission-v-agapion-ncctapp-1998.