Where the county legislature rezoned a fifty-one acre parcel from a zoning classification of rural agriculture to rural residential over the recommendation of the planning board that the petition be denied, the appeals court held the rezoning did not constitute illegal spot zoning.  In North Carolina, unlike other states, spot zoning is not invalid per se so long as the zoning authority made “a clear showing of a reasonable basis for such distinction.”  Courts in North Carolina consider the following four factors in determining whether a rezoning is spot zoning: “(1) whether a relatively small tract has been rezoned (2) that is surrounded by a much larger area uniformly zoned (3) which imposes on the small tract greater restrictions or relives the small tract from those restrictions.” 

Relying on a prior state Supreme Court opinion, the Court determined that 51 acres does constitute a “small tract.”  Considering the second factor, the Court concluded that the re-zoned tract is surrounded by a larger uniformly zoned property, specifically noting that for most of the one mile radius surrounding the tract, the property is zoned as rural agricultural.  With respect to the third factor, the Court noted that a rezoning to rural residential had very similar restrictions to the rural agriculture district which also allowed for single family homes, and hence the third element of spot zoning was not met.  

The Court added that although the Board did not engage in spot zoning, if it had done so, it had a reasonable basis and therefore would not have been improper. 

Childress v. Yadkin County, 2007 WL 2700714 (N.C. App. 9/18/07). The case is available at: http://www.aoc.state.nc.us/www/public/coa/opinions/2007/061467-1.htm  

This case is also discussed on a North Carolina appellate law blog: 

http://womblencappellate.blogspot.com/2007/09/spot-zoning-deuce.html