Agenda - Planning Commission - 07/09/2009

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June 10, 2009 I Volume 31 No. 11 Zoning Bulletin _. Standing/Uses-County contends opponent group that challenged rezone for biodiesel manufacturlngon farm lacks standing Farmers contend biodiesel manufacturing is exempt from zoning as bona fide farm use Citation: North Iredell Neighbors for Rural Life v. Iredell County, 674 S.E.2d 436 (N.c. Ct. App. 2009) NORTH CAROLINA (04/07/09)-In February 2007, the McLains applied to the county board of commissioners (the "Board") to have a 7.88 acre tract of land rezoned from singlecfamily residential to heavy manufacturing conditional use district. The McLains requested the re- zone because they wanted to use that tract of land for the "manufacture of soybeans and other crops .to biodiesel." The Board eventually granted the McLains' a conditional use district rezoning that authorized biodiesel manufacturing. . Thereafter, North Iredell Neighbors for Rural Life ("NINRL") brought a legal action against the county. Th~y alleged that: (1) the Board lacked authority to adopt the rezone; (2) the Board failed to fol- low procedures required by the county zoning ordinance; and (3)-the re- zoning amounted to illegal spot zoning. The county filed a motion for summary judgment. It asked the court to find there were no material issues offact in dispute and to decide the mat- ter in their favor on the law alone. Specilically, the county contended that_ summary judgment should issue in its favor because NINRL did not have. standing (i.e., the legal right) to bring the action since it was a "non-exis- tent entity or one without power and authority to commence suit.. . ." The McLains also filed a motion for summary judgment. They argued that the Board did not have authority to regulate its proposed manufac- ture of biodiesel because that activity was a "bona fide farm activity" n9t subject to zoning. The trial court granted the county's motion for summary judgment against NINRL. It found NINRL failed to show its legal existence and capacity to sue as required under the law. The trial court also granted the McLains' motion for summary judg- ment. The court found that "[t]he production of biodiesel by a farmer on farm premises for agricultural purposes [wa]s a bona fide farm use" that was exempt from the county zoning ordinances pursuant to state law. NINRL appealed. .DECISION: Affirmed in part, reversed in part, and retnanded. 6 @ 2009 Thomson Reuters 58 /\ ( ) (~\ \ ) t~). 1 i I i \ I I I I I I I i I I i I 1 I I I I i I i i I I I I i I ! I I i ! i I I i i 1 I i I I j j \ I I I i j !