The North Carolina Supreme Court held that owners of adjacent and nearby properties sufficiently alleged special damage for purpose of standing to challenge the granting of a special use permit for an adult establishment. Specifically, two of the petitioners owned land adjacent to the subject property, and one petitioner owned a prominent restaurant that was not adjacent to the subject property but access to the subject property requires passage through a narrow roadway in front of the restaurant.
To acquire standing in a zoning matter in North Carolina, whereas here, the underlying use is unlawful without first obtaining a special use permit, the owners of nearby or adjoining lands must show they will sustain special damage from the proposed use through a reduction in the value of his/her own property. The Court found that here the petitioners did present sufficient evidence of special damages including increased traffic, parking problems, water runoff and safety concerns, as well as the adverse secondary effects on the petitioners’ businesses including littering, noise and security. In addition, testimony was presented about the value of surrounding properties, the large number of 911 calls concerning similar businesses in other locations, concerns over signage and the lack of stormwater retention areas. The Court concluded, “Because petitioners’ allegations and testimony demonstrated the existence of special damages if the Special Use Permit were granted, petitioners have standing to challenge the issuance of the permit.”
Mangum v. Raleigh Board of Adjustment, 2008 WL 5192075 (N.C. 12/12/2008).
The opinion can be accessed at: http://www.aoc.state.nc.us/www/public/sc/opinions/2008/613-07-1.htm
