Cary Creek Ltd. Partnership v. Town of Cary

I agree with the majority that we are bound to affirm the trial court’s grant of summary judgment based upon the arguments presented to us. However, I write separately to note that the Town’s ordinance is not in compliance with this Court’s precedent that clearly requires a zoning ordinance to include an independent map controlled by the municipality.

This Court previously has explained that

[a] suit to determine the validity of a zoning ordinance is a proper case for a declaratory judgment. In such an action, summary judgment is properly granted where the pleadings, depositions, answers to…