ZONING - NORTH CAROLINA

Patmore v. Town of Chapel Hill North Carolina

Court of Appeals of North Carolina - April 1, 2014 - S.E.2d - 2014 WL 1365987

Where defendant enforced a zoning amendment by citing the owners of rental properties rather than their tenants because it was a more effective method of enforcement, their enforcement against property owners was rationally related to the purpose of the zoning restriction and did not violate plaintiffs’ right to substantive due process.

N.C. Gen.Stat. § 160A–301 governs a municipality’s authority to regulate parking in public vehicular areas, while the zoning amendment was a land use restriction intended to curb over-occupancy of rental properties by limiting the number of cars parked on a rental property. Because the zoning amendment and N.C. Gen.Stat. § 160A–301 did not address the same subject, the principle of expressio unius est exclusio alterius did not apply. 



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