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53 <br /> Board of Adjustment <br /> ORANGE COUNTY Statement of Standing and Intended Evidence <br /> NORTH CAROLINA Case: <br /> ML __,M Background Information <br /> NC law requires the Board of Adjustment to base its findings on competent, material and <br /> substantial evidence by hearing evidence and testimony from persons with standing. <br /> Standing is a legal matter to be decided by the Board of Adjustment. Staff does not have the <br /> discretion to make this determination. Receipt of a meeting notice from the County alone is <br /> not a basis to assert standing. <br /> Individuals asserting that they have standing to present evidence or testimony in a BOA hearing are <br /> required to submit competent, material and substantial evidence supporting their claim of standing. <br /> NC law and courts have determined that standing may be established in one of three ways: <br /> 1. By showing that the person asserting standing holds a legal interest in the hearing's subject <br /> parcel in one of four ways: <br /> a. As owner of the subject parcel; <br /> b. As an individual who has an ownership or leasehold interest in the subject parcel; <br /> c. As an individual who has an option or contract to purchase the subject parcel; or <br /> d. As an individual who has an interest created by an easement, restriction, or covenant related <br /> to the subject parcel. <br /> OR <br /> 2. By showing that the person asserting standing will suffer special damages as the result of a <br /> Board decision; <br /> a. NC courts have determined that special damages, for the purpose of BOA hearings, has a <br /> different meaning than in common language. As a result, individuals who claim standing <br /> based on special damages are required to demonstrate (using competent, material and <br /> substantial evidence) a diminution of property value that they will suffer as a result of a <br /> possible decision of the Board. Claiming a potential decrease in property value resulting <br /> from a potential Board decision is not adequate by itself to substantiate standing without <br /> expert opinion to support the claim. <br /> b. Individuals are required to substantiate what special damages they will suffer in order for the <br /> Board to determine whether they have standing to testify. A documented opinion regarding <br /> an impact on property values from an established expert would be an example of competent, <br /> material and substantial evidence to support a finding of standing based on special <br /> damages. <br /> OR <br /> 3. By showing that the person asserting standing represents an association organized to promote <br /> the interests of a particular area, such as a Homeowners Association, so long as at least one <br /> member of the group would have standing as an individual and provided that the association <br /> was not created in response to the development/application being acted upon by the Board of <br /> Adjustment. <br /> In making its decisions, the Board of Adjustment may not(under NC law and court decisions) <br /> consider evidence or testimony from witnesses who have not established standing. <br />