tag: North Carolina Land Use Litigator: Someday My Zoning Administrator Will Come

Thursday, September 30, 2010, 1:29 PM

Someday My Zoning Administrator Will Come


It's a modern-day cinderella story: the pumpkin coach and a lucite platform slipper.

In what looks like a classic zoning case with a seasonal twist,
residents in a Kansas City neighborhood are objecting to the location of a pumpkin patch next to a strip club. The owner of Funtown--hold your applause; that's the pumpkin patch--claims that the patch's location next to Pure--yep, the strip club--does not violate any zoning laws because the patch is neither a school nor a day care center. Adding to the frustration, the same family owns both businesses, which are separated by a nine-foot chain link fence and a trailer.

We'll see how this plays out.

Mike Thelen is an associate in Womble Carlyle's Real Estate and Real Estate Litigation practice groups. He regularly represents a wide variety of clients in land use issues, from local governments to businesses, in both state and federal venues throughout North Carolina.

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