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Zoning Bulletin April 25, 2018 1 Volume 12 I Issue 8 <br />Case Note: <br />The Opponents had further alleged that Sunoco's violation of the 2014 <br />Ordinance was a violation of the Opponents' substantive due process rights <br />because it rendered the zoning districts "irrational" and "unconstitutional." <br />The court rejected this argument as "not viable" since the Opponents were <br />not challenging a legislative enactment but rather Sunoco's decision not to <br />comply with the 2014 Ordinance. <br />Standing —Homeowners' <br />Associations challenge rezoning <br />ordinance <br />City argues Associations lack standing to bring <br />legal action because such action was not <br />properly authorized under the Associations' <br />corporate bylaws <br />Citation: Willowmere Community Association, Inc. v. City of <br />Charlotte, 809 S.E.2d 558 (N.C. 2018) <br />NORTH CAROLINA (03/02/18)—This case addressed the issue of <br />whether homeowners' associations had standing to bring an action chal- <br />lenging the rezoning of abutting properties. More specifically it ad- <br />dressed, as a matter of first impression (i.e., the first time North Caro- <br />lina courts addressed the issue), whether homeowners' associations <br />that failed to strictly comply with their corporate bylaws in deciding to <br />initiate legal actions therefore lacked standing to bring the legal <br />challenges. <br />The Background/Facts: Willowmere Community Association, Inc. <br />("Willowmere") and Nottingham Owners Association, Inc. ("Not- <br />tingham") (collectively, the "Associations") are non-profit corporations <br />that represent homeowners in residential communities in the City of <br />Charlotte (the "City"). In March 2014, the Associations instituted a <br />legal action, challenging a City zoning ordinance that rezoned parcels <br />of land to allow multifamily housing. The rezoned land abutted prop- <br />erty owned by the Associations. <br />In response to the Associations' legal action, the City argued that the <br />Associations lacked standing (i.e., the legal right to bring the action) <br />because each association had failed to comply with various provisions <br />in their corporate bylaws when their respective boards decided to initi- <br />© 2018 Thomson Reuters 9 <br />