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28 <br />httn://www. so ~.unc. edu/oraanizations/p lannins/keyis sues/spot.htm <br />Key Legal Issues <br />Spot Zoning <br />David W. Owens, Professor, Institute of Government, The University of North Carolina at <br />Chapel Hill, CB# 3330, Knapp Building, UNC-CH, Chapel Hill, N.C. 27599-3330 <br />May 1998 <br />Spot zoning occurs when a relatively small tract of land is zoned differently from the <br />surrounding area. In North Carolina, spot zoning is not illegal in and of itself, as it is in many <br />states.[1] However, it must be clearly supported by a reasonable basis to be upheld. <br />The precise legal basis for invalidating certain spot zonings has not been explicitly set forth by <br />the North Carolina courts, but invalidation could be based on the state constitutional prohibitions <br />against the granting of exclusive privileges,[2] the creation of monopolies,[3] or the violation of <br />due processor equal protection of the law.[4] The admonition in the zoning enabling acts that <br />zoning be in accordance with a comprehensive plan is another ground for invalidation.[5] <br />Although flexibility is granted to have relatively small zoning districts, the court is sensitive to <br />ensuring that there is a legitimate public interest in having a small district and will invalidate <br />rezonings in which one owner benefts or is relieved from zoning burdens at the expense of his <br />or her neighbors and the community at large. <br />The table below summarizes the eighteen reported North Carolina appellate decisions on spot <br />zoning. <br />Overview of Spot Zoning Cases <br />Case Court Date Parcel Size <br />(acres) Zoning Change <br />Invalidated <br />Allred Sup.Ct. 1971 9.26 To higher density residential <br />Blades Sup.Ct. 1972 5 To higher density residential <br />Stuffs Ct. App. 1976 4 To mobile home park <br />Lathan Ct. App. 1980 11.4 Residential to light industry <br />Godfrey Ct. App. 1983 17.45 Residential to heavy industry <br />Alderman Ct. App. 1988 14.2 Agricultural to mobile home park <br />Mahaffey Ct. App. 1990 0.57 Residential to commercial <br />Covington Ct. App. 1992 1 lot Office to conditional use business <br />Budd Ct. App. 1994 17.5 Residential-agricultural to special use industrial <br />Upheld <br />Walker Sup.Ct. 1960 3.5 Residential to neighborhood business <br />Zopfi Sup.Ct. 1968 27, 12, 20 ComxnerciaUresidential to commerciaUmulti-family residential <br />Heath Sup.Ct. 1971 15 Residential to mobile home park <br />Allgood Sup.Ct. 1972 25 Residential to commercial <br />