tag: North Carolina Land Use Litigator: Citing Due Process Violations, Residents/Business Challenge Award of Special Use Permit for the Relocation of Homeless Shelter

Tuesday, July 12, 2011, 1:48 PM

Citing Due Process Violations, Residents/Business Challenge Award of Special Use Permit for the Relocation of Homeless Shelter

The Town of Chapel Hill and the Inter-Faith Council for Social Service ("IFC") are embroiled in litigation, brought by residents of and the owners of a shopping center located within a Town neighborhood, over the award of a special use permit to the IFC for the location of a new men's homeless shelter.

Specifically, the neighbors and shopping center allege that some members of the Town council developed pre-conceived notions and conclusions about the special use permit before the quasi-judicial hearing could be conducted and all evidence could be considered.

In a response filed late last week, the Town responded that the council had developed no such thing, and a statement in advance of the quasi-judicial proceeding that the Town council would support setting a "deadline for the IFC homeless shelter to vacate the old municipal building downtown and move to its new location on Homestead Road" does not amount to an improper pre-determination to award the special use permit in violation of due process rights.

The blog Chapel Hill Watch provides a more fulsome background into the facts, here. While we find the discussion contained therein to be interesting, we cannot vouch for the accuracy of the statements.

We'll follow this litigation as it develops.

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

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