You are viewing a free summary from Descrybe.ai. For citation checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.

Byron v. Synco Props.

Citations: 813 S.E.2d 455; 258 N.C. App. 372Docket: 17-318

Court: Court of Appeals of North Carolina; March 20, 2018; North Carolina; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

In this case, landowners challenged the City of Charlotte and SYNCO Properties, Inc.'s rezoning approval, arguing constitutional and statutory violations. The plaintiffs claimed that the rezoning process violated various North Carolina statutes and their constitutional rights, including due process and rights to petition. Initially filed in the Mecklenburg County Superior Court, their declaratory judgment action was dismissed due to lack of standing. The plaintiffs appealed, arguing the need for a three-judge panel to assess the facial constitutionality of certain statutes. The appellate court affirmed the dismissal, emphasizing that the plaintiffs did not have a direct and adverse effect from the rezoning, thus lacking standing. The court noted that only parties with specific personal and legal interests impacted by a zoning ordinance can challenge its constitutionality. Furthermore, the court clarified that a three-judge panel is required only when the constitutionality of a statute is central to the case resolution, which was not applicable here due to the standing issue. Consequently, the trial court's ruling was upheld, finalizing the dismissal of the plaintiffs' claims.

Legal Issues Addressed

Constitutional Challenges and Three-Judge Panel Requirement

Application: The plaintiffs argued for a transfer to a three-judge panel under North Carolina law, but the court held that such a transfer was not required due to the lack of standing.

Reasoning: Facial constitutional challenges to acts of the General Assembly must be heard by a three-judge panel in Wake County, but such a transfer is only mandatory if determining the constitutionality of the statute is essential to resolving the case.

Constitutional Protection Against Zoning Changes

Application: The court determined that neighboring property owners did not have a constitutionally protected interest in the rezoning decision, as the changes did not affect their property directly.

Reasoning: Neighbors of a property undergoing rezoning were found not to have standing to bring constitutional challenges based on procedural due process.

Declaratory Judgment and Standing

Application: The plaintiffs sought a declaratory judgment regarding the construction of Session Law 2015-160, but the court ruled they lacked standing as they were not directly and adversely affected by the statute.

Reasoning: A declaratory judgment regarding the statute's construction can only be sought by a plaintiff who is 'directly and adversely affected' by it.

Standing to Challenge Zoning Ordinance

Application: In this case, the court found that the plaintiffs lacked standing to challenge the zoning ordinance, as they did not demonstrate direct and adverse effects on their legally protected interests.

Reasoning: A rezoning ordinance challenge must come from someone with a specific personal and legal interest who is directly and adversely impacted by the ordinance.