12.11.24 BOA Agenda Packet - Laserfiche WebLink

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Board of Adjustment Statutory Requirement of Standing for Parties Case: Only Parties may call witnesses, introduce documents, make legal arguments and objections. North Carolina law requires that Parties have Standing which is defined in North Carolina General Statute (NCGS) 160D-1402(c). Individuals seeking to be recognized as Parties are highly encouraged to seek independent legal counsel. Note, North Carolina General Statute 84-2.1 and 84-4 prohibit the unauthorized practice of law, including representing others in these matters. North Carolina General Statute § 160D-1402(c) The following persons have standing to file a petition under this section: 1) Any person possessing any of the following criteria: a. An ownership interest in the property that is the subject of the decision being appealed, a leasehold interest in the property that is the subject of the decision being appealed, or an interest created by easement, restriction, or covenant in the property that is the subject of the decision being appealed. b. An option or contract to purchase the property that is the subject of the decision being appealed. c. An applicant before the decision-making board whose decision is being appealed. 2) Any other person who will suffer special damages as the result of the decision being appealed. 3) An incorporated or unincorporated association to which owners or lessees of property in a designated area belong by virtue of their owning or leasing property in that area, or an association otherwise organized to protect and foster the interest of the particular neighborhood or local area, so long as at least one of the members of the association would have standing as an individual to challenge the decision being appealed, and the association was not created in response to the particular development or issue that is the subject of the appeal. 4) A local government whose decision-making board has made a decision that the governing board believes improperly grants a variance from or is otherwise inconsistent with the proper interpretation of a development regulation adopted by the governing board. I own or have a legal interest in the following parcels related to or impacted by this Special Use Permit application: Name: Address: Property Identification Number (PIN): Register of Deeds Book/Page: That property will suffer the following Special Damage: I have the following to demonstrate that Special Damage: If that demonstration includes testimony which requires expert opinion per NCGS 160D-1402(j)(3)1, then it will be supplied by: Their expertise in will be established by the following education, training and experience: 1. North Carolina General Statute 160D-1402(j)(3) can be found at the follow link: https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/BySection/Chapter_160D/GS_160D-1402.pdf 103