Agenda - Planning Commission - 03/06/2008

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Zoning Bulletin agency's decision required findings of fact, it could not be consid- ered ministerial. Because the use of level spreaders had never been considered by the commission previously, the commission had to determine how the level spreaders and the resulting water discharges would affect Corman's property before it could accept SDK's construction plan. The appeals court found that: "Had SDK used tried and tested methods for [discharging water, it] could see how approving the construction plan must be merely ministerial." Since the case rested on a factual determination, the commission had to make findings of fact regarding the use of level spreaders in the construction plan in order for a trial court to appropriately review its decision. Corman also argued that the court erred by granting the judg- ment based solely on the administrative record of the commission; the appeals court agreed. The appeals court noted that judgment without a trial should have only been used to "to terminate litiga- tion when, as a matter of law, it appear[ed] that it would be impos- sible for the respondent to produce evidence at the trial warranting a judgment in his [or her] favor." The court found that the record of the commission was insuf- ficient and that Corman had not been allowed to develop and sub- mit evidence in support of his claiffis. Because of these deficiencies, the decision of the lower court was reversed. The case was returned to the lower court for further proceedings. Subdivision-Board claims environmental review unnecessary to approve subdivision State law mandates minimum criteria for determining when environmental review needed .----, \ I -~) Citation: Marriott v. Chatham County Chatham County, 2007 WL 4232967 (N.C. Ct. App. 2007) NORTH CAROLlNA (12/04/07)-A group of developers owned several large tracts of land. in Chatham County. The developers wanted to use the land for a residential project called The Bluffs. The project involved subdividing three tracts of land. The county had a subdivision ordinance that required the sub- mission of a sketch plan, preliminary plat, and final plat as part of the application process. The developers ultimately submitted all of these components, and the county recommended that the subdivi- sions be approved. A group of neighboring residents who opposed the development ..) attended one of the planning board hearings. The residents asked the board to require the developers to prepare a document called 6 122