Issue

Unified development ordinance—school construction—connectivity requirements—ambiguous provision—free use of land

Summary

In conducting a de novo review of a town's denial of petitioner's permit applications for the construction of a proposed charter school, the Supreme Court reversed the decision of the Court of Appeals and held that, where the town's unified development ordinance regarding the inclusion of off-premise sidewalks was ambiguous, the lower appellate court erred by adopting the town's interpretation of that provision and instead should have strictly construed the provision in favor of the free use of land per public policy. Since petitioner carried its initial burden of production by presenting competent, material, and substantial evidence tending to show that it was entitled to the issuance of permits and no evidence was presented to the contrary, the matter was remanded with instructions for the town to approve petitioner's site plan and subdivision applications.

Summary from the North Carolina Reports digest (official subject index). Read the opinion →