Legal Opinion

NCJS, LLC v. City of Charlotte, Corp.

Court of Appeals of North Carolina

Decided August 15, 2017No. COA16-1096PublishedCited by 6 opinions

1Opinion of the Court

ELMORE, Judge.

*72 This is a zoning case about screening dumpsters. Petitioners NCJS, LLC and James H. Plyer (collectively "NCJS") own industrially zoned property in Charlotte. On the property sits a warehouse constructed in *73 1970 that is divided into six leasable units. Currently abutting the warehouse are two leaseholder-owned dumpsters unscreened from public view. A 1984 amendment to the Charlotte Zoning Ordinance (CZO) required that dumpsters be screened on three sides by a fence. Section 12.303 of the CZO, which imposes the dumpster-screening requirement, provides that "the provision of this…

2Cases cited19 opinions

  1. North Carolina Department of Environment & Natural Resources v. CarrollSupreme Court of North Carolina · 2004
  2. Mann Media, Inc. v. Randolph County Planning BoardSupreme Court of North Carolina · 2002
  3. Sun Suites Holdings, LLC v. Board of AldermenCourt of Appeals of North Carolina · 2000
  4. Lanvale Properties, LLC v. County of CabarrusSupreme Court of North Carolina · 2012
  5. Morris Communications Corp. v. City of Bessemer City Zoning Board of AdjustmentSupreme Court of North Carolina · 2011

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3Cited by6 opinions

  1. Jeffries v. Cty. of HarnettCourt of Appeals of North Carolina · 2018
  2. 85' & SunnyCourt of Appeals of North Carolina · 2021
  3. 85' & SunnyCourt of Appeals of North Carolina · 2021
  4. Frazier v. Town of Blowing RockCourt of Appeals of North Carolina · 2022
  5. Frazier v. Town of Blowing RockCourt of Appeals of North Carolina · 2022

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