Wally v. City of Kannapolis

722 S.E.2d 481, 365 N.C. 449, 2012 N.C. LEXIS 120
CourtSupreme Court of North Carolina
DecidedMarch 9, 2012
Docket111PA11
StatusPublished
Cited by6 cases

This text of 722 S.E.2d 481 (Wally v. City of Kannapolis) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wally v. City of Kannapolis, 722 S.E.2d 481, 365 N.C. 449, 2012 N.C. LEXIS 120 (N.C. 2012).

Opinion

TIMMONS-GOODSON, J.

This case involves a dispute between the City of Kannapolis (“defendant”), which rezoned rural land to promote commercial development, and neighboring land owners (“plaintiffs”). At issue is whether defendant approved a statement of reasonableness as required by N.C.G.S. § 160A-383 when adopting the zoning amendment. We hold defendant did not approve such a statement, and therefore, the amendment is invalid. Accordingly, we reverse the opinion of the Court of Appeals and remand for proceedings not inconsistent with this opinion.

The property at issue in this case consists of 75.9 acres owned by Coddle Creek, LLC and the Wallace Charitable Trust (collectively, “the Owners”). Until 2007 the property was subject to Cabarrus County zoning designations. In September of that year defendant annexed the property at the request of the Owners, thus subjecting it to defendant’s Unified Development Ordinance and 2015 Land Use Plan. A month later the Owners submitted a zoning request to the Kannapolis Planning and Zoning Commission (“Zoning Commission”) seeking a more permissive zoning classification, Campus Development-Conditional Zoning. This classification would permit the Owners to develop a neighborhood office and a light industrial and retail business park on the property. In November 2007, the Zoning Commission approved the request, and plaintiffs, as neighboring property owners, appealed to the Kannapolis City Council (“City Council”).

At a public hearing in December 2007, the City Council received a staff report from the Zoning Commission regarding the proposed zoning amendment. The staff report contained an analysis of the proposed amendment, including the compatibility of the proposed zoning designation with the surrounding area and impacts on safety, traffic, parking, the environment, and public facilities. Ultimately, the city staff concluded that the rezoning request was “consistent with the long range goals of the City, and reasonable in light of existing and approved infrastructure.” At the December 2007 meeting defendant approved the zoning request. The following month defendant adopted a resolution to designate the property as Campus Development-Conditional Zoning.

*451 In March 2008 plaintiffs filed an amended complaint in Superior Court, Cabarrus County, alleging, inter alia, that defendant failed to “adopt a statement” as required by N.C.G.S. § 160A-383 and that the rezoning constituted illegal spot zoning. Plaintiffs asked the court to declare the zoning amendment void and to rezone the property to its previous classification. Both parties filed motions for summary judgment and stipulated that there was no genuine issue of material fact. On 23 February 2009, the trial court entered an order granting defendant’s motion for summary judgment on all claims and dismissing plaintiffs’ declaratory judgment action.

Plaintiffs appealed to the Court of Appeals. Regarding the section 160A-383 issue, the panel presumed the zoning amendment valid and held that plaintiffs failed to show the City Council did not “approve a statement.” Wally v. City of Kannapolis, _ N.C. App. _, 709 S.E.2d 601, 2011 WL 601167, at *5 (2011) (unpublished). The court also held that section 160A-383 prohibits judicial review of whether the City Council’s statement was statutorily sufficient. Id. On a separate issue, the Court of Appeals, relying upon Blades v. City of Raleigh, 280 N.C. 531, 187 S.E.2d 35 (1972), and its progeny, held that the rezoning did not constitute spot zoning because the property had more than one owner at the time of rezoning. Wally, 2011 WL 601167, at *6-7. The Court of Appeals also addressed additional issues that are not before this Court. We allowed plaintiffs’ subsequent petition for discretionary review of two issues: (1) whether defendant complied with N.C.G.S. § 160A-383 when adopting the zoning amendment, and (2) whether the rezoning of a property with more than one owner can constitute spot zoning.

Analysis

“We review atrial court’s order for summary judgment de novo ....” Robins v. Town of Hillsborough, 361 N.C. 193, 196, 639 S.E.2d 421, 423 (2007) (citations omitted). In determining whether defendant complied with N.C.G.S. § 160A-383 when it adopted the subject zoning amendment, we recognize that the amendment is presumed valid “and the burden [is] upon [plaintiffs] to show otherwise.” Raleigh v. Morand, 247 N.C. 363, 368, 100 S.E.2d 870, 874 (1957) (citations omitted), appeal dismissed, 357 U.S. 343, 2 L. Ed. 2d 1367 (1958). We conclude that plaintiffs have met their burden and therefore hold that the zoning amendment is invalid. Because the amendment is void, it is unnecessary for us to address the spot zoning issue.

*452 Zoning ordinances regulate land use, not ownership. See Blades, 280 N.C. at 546, 187 S.E.2d at 43 (“The whole concept of zoning implies a restriction upon the owner’s right to use a specific tract....”). “The original zoning power of the State reposes in the General Assembly.” Allgood v. Town of Tarboro, 281 N.C. 430, 437, 189 S.E.2d 255, 260 (1972) (citation omitted). The General Assembly, in turn, may delegate zoning authority to the legislative body of a municipality. Id. Because zoning authority derives from the state’s police power, zoning ordinances are valid only when they “promote the public health, the public safety, the public morals or the public welfare.” Zopfi v. City of Wilmington, 273 N.C. 430, 433, 160 S.E.2d 325, 330 (1968). In addition, “[t]he power to zone ... is subject to the limitations of the enabling act,” Schloss v. Jamison, 262 N.C. 108, 114, 136 S.E.2d 691, 695 (1964) (citations omitted), and “[z]oning regulations shall be made in accordance with a comprehensive plan,” N.C.G.S. § 160A-383 (2011). Exercise of the zoning power also must comport with certain procedural requirements, such as those provided in section 160A-383.

When adopting or rejecting any zoning amendment, the governing board shall also approve a statement describing whether its action is consistent with an adopted comprehensive plan and any other officially adopted plan that is applicable, and briefly explaining why the board considers the action taken to be reasonable and in the public interest. That statement is not subject to judicial review.

N.C.G.S. § 160A-383.

By its plain language section 160A-383 states that when the governing board adopts a zoning amendment, the board “shall also” approve a statement. Id.

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Bluebook (online)
722 S.E.2d 481, 365 N.C. 449, 2012 N.C. LEXIS 120, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wally-v-city-of-kannapolis-nc-2012.