Bailey & Associates, Inc. v. Wilmington Board of Adjustment

Full Case Name
BAILEY AND ASSOCIATES, INC., Petitioner v. WILMINGTON BOARD OF ADJUSTMENT and CITY OF WILMINGTON, Respondents, and JOHN BLACKWELL and wife, ELIZA BLACKWELL; VICTOR BYRD and wife, CAROLYN BYRD; VISHAK DAS and wife, TRACY DAS; BILL DOBO and wife, BARBIE DOBO; BOB DOBO and wife, JEAN DOBO; BARBIE DOBO; BUTCH DOBO and wife, SHELLY DOBO; PATRICK EDWARDS and wife, KIM EDWARDS; MATT EPSTEIN and NINA BROWN; EARL GALLEHER and wife, LAUREN GALLEHER; BARBARA GUARD and husband, RON GUARD; GLENDA FLYNN; JANE HARDWICK; L.T. HINES and wife, JOY HINES; WRIGHT HOLMAN and SUSAN KEYES; JIM LONG and wife, BESS LONG; ANN McCRARY; KENYATA McCRARY and wife, GRACE McCRARY; PEM NASH and wife, GRETCHEN NASH; DONNA NOLAND; PAT PATTERSON and wife, MARY PATTERSON; DREW PIERSON and wife, KNOX PIERSON; DAVID POWELL and wife, JANICE POWELL; ALLEN RIGGAN and wife, PAM RIGGAN; NANCY ROSE; ROLF SASS and wife, JANIS SASS; BEN SPRADLEY and wife, SANDEE SPRADLEY; CHARLES SWEENY and wife, JUNE SWEENY; SUSAN SWINSON; GEORGE TURNER and wife, SUE TURNER; JOYCE ZIMMERMAN; NOAH ZIMMERMAN and wife, KATHRYN ZIMMERMAN; ROBERT SMITH and wife, MARY SMITH, Intervenor-Respondents
Description

The City's Board of Adjustment denied the plaintiff's development because it determined that it was located in a "Conservation Overlay District" and subject to certain "performance controls" intended to protect important environmental resources within the city. After plaintiff filed an appeal of the Board's decision in court, adjacent property owners filed for intervention claiming that the development would result in increase traffic, light pollution, noise, and loss of value to their properties. Plaintiff objected that the intervenors lacked standing and the Court affirmed the lower court's finding that the intervenors had standing.

Date
02-02-2010
Court
North Carolina Court of Appeals
Jurisdiction
North Carolina
Plaintiffs
Defendants
Incident Location
Wilmington, DE
Disputed Act

Plaintiff company sought to develop a tract it owned which bordered a local creek. The City's Board of Adjustment denied the development because it determined that it was located in a "Conservation Overlay District" and subject to certain "performance controls" intended to protect important environmental resources within the city. After plaintiff filed an appeal of the Board's decision in court, adjacent property owners filed for intervention claiming that the development would result in increase traffic, light pollution, noise, and loss of value to their properties. Plaintiff objected that the intervenors lacked standing.

Holding
The Court affirmed the lower court's order holding that adjacent property owners intervening in the case between plaintiff and the City's Board of Adjustment about plaintiff's development had standing to intervene but were not entitled to relief from judgment based on newly discovered evidence.
Disposition