If the headline offends you, well, it offends me too.  It’s also offensive when governmental actions move from plausible defense to citizen abuse in defiance of court order and honest dealings, but that’s what just happened in Cumberland County.

             On March 19, 2012, I published a post titled “Training School Kids to be Mercenary Soldiers

            Boring title, I know, but in land use this is big stuff, especially considering that both topics came out of a recent N.C. Supreme Court case. Let’s look at both topics, discuss their relevancy and review how the opinion was written.

 The Facts

             Two weeks ago the N.C. Supreme Court published one of its rare

             This is a news flash post.  This afternoon the Raleigh News & Observer posted an online article stating that Superior Court Judge Shannon Joseph struck down as unconstitutional several key sections of the recently enacted legislation that overhauled and neutered North Carolina municipalities’ ability to annex urbanized areas adjoining municipal boundaries.

              The debates and clashes

             In a classic Andy Griffith “don’t that beat everything” moment, Cumberland County had to decide if a facility for training military, law enforcement and mercenary soldiers – complete with multiple firing ranges, attack helicopters and simulated urban warfare settings – was sufficiently similar to a private elementary or secondary school so that the facility would

            A recent Court of Appeals case (High Rock Lake Partners v. NCDOT) illustrates the vulnerable position property owners can find themselves in when dealing with railroads – who answer seemingly to nobody – and the NCDOT, whose statutory powers are expansive, broadly defined, and not subject to easily available or enumerated limitations.

 The

             In my last post I commented (again) on the obligation of governmental officials to use the powers we grant them for the public’s benefit and not their own.  But bloggers, I have discovered, have ethical obligations too, and it was for ethical reasons I decided I could not comment on a recent Court of Appeals

            Apparently we have to wait a bit longer for a final answer to the state’s million dollar question: can schools be funded by assessing developers an “impact fee.”?  The latest non-answer was recently published in the N.C. Supreme Court’s non-decision in the Cary-originated Amward Homes case.

             I’ve covered this issue in numerous previous posts, including

             If you’ve ever wondered what frightens lawyers and keeps them up at night I can describe it in three words: statutes of limitations.

             A “statute of limitation” is a fancy way of describing a deadline to file a lawsuit.  That’s all it is.  The problems with these deadlines are that 1) they sometimes are unclear