{
  "id": 8524266,
  "name": "RICE ASSOCIATES OF THE SOUTHERN HIGHLANDS, INC., Petitioner v. TOWN OF WEAVERVILLE ZONING BOARD OF ADJUSTMENT, Respondent",
  "name_abbreviation": "Rice Associates of the Southern Highlands, Inc. v. Town of Weaverville Zoning Board of Adjustment",
  "decision_date": "1992-12-15",
  "docket_number": "No. 9128SC1212",
  "first_page": "346",
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  "casebody": {
    "judges": [
      "Judges EAGLES and LEWIS concur."
    ],
    "parties": [
      "RICE ASSOCIATES OF THE SOUTHERN HIGHLANDS, INC., Petitioner v. TOWN OF WEAVERVILLE ZONING BOARD OF ADJUSTMENT, Respondent"
    ],
    "opinions": [
      {
        "text": "WELLS, Judge.\nThe sole question presented for our review is whether the trial court erred in affirming the Zoning Board\u2019s decision to deny petitioner\u2019s Special Exception Permit Application. We find no error.\nPetitioner argues that the trial court should not have affirmed the Zoning Board\u2019s denial of petitioner\u2019s application when it also determined from the evidenc\u00e9 in the record that a member of the board, Joe Joyner, had a previously expressed bias and should have recused himself from participating in the hearing. Relying upon Crump v. Bd. of Education, 326 N.C. 603, 392 S.E.2d 579 (1990), petitioner submits that this finding of bias is sufficient, in and of itself, to require reversal of the Zoning Board\u2019s decision. We do not find the Crump decision to be controlling here.\nIn Crump, the question before the court was whether compensatory damages may be recovered for an injury traceable to single member bias in a teacher dismissal hearing. At that hearing, the school board reviewed evidence of alleged acts of immorality and subordination in order to make a subjective determination whether or not to dismiss Crump.\nThe case before us is distinguishable on its facts. The question presented here is whether a procedural remedy must be afforded to a permit applicant subjected to single member bias in a board action where the applicant is not entitled to the requested permit under any circumstances. Petitioner\u2019s permit application was denied because it failed to meet the minimum requirements of the Weaverville Zoning Ordinance. Section 17-114(3) of the ordinance for Unified Housing Developments requires the following:\n(b) Points of access and egress shall be located a sufficient distance from highway intersections to minimize traffic hazards, inconvenience, and congestion. Furthermore, each development shall have a minimum of two (2) such points to ensure the safety of the inhabitants. (Emphasis added.)\nWhether petitioner met such requirement is a question of law interpreting language of the ordinance. It is fundamental in the interpretation of a municipal ordinance that the court give the language in question its plain and ordinary meaning and significance. Donnelly v. Bd. of Adjustment of the Village of Pinehurst, 99 N.C. App. 702, 394 S.E.2d 246 (1990). The trial court applied this well-settled principle of construction in interpreting the zoning ordinance and found that petitioner, as a matter of law, did not meet the objective minimum criteria that the housing development have two points of ingress and egress. We find that the record fully supports the trial court\u2019s findings and conclusions.\nThe court also determined that the bias of a single board member, Joe Joyner, could not have affected the acceptance or rejection of petitioner\u2019s application for a Special Exception Permit. In its decision, the trial court aptly distinguished the Crump case, specifically making the following findings and conclusions:\n[W]hereas the decision makers in the \u201cCrump\u201d case were making a subjective determination, the Zoning Board of Adjustment of the Town of Weaverville, in making a decision in the instant case, had a specific set of objective criteria to follow. One of such criteria was that the Unified Housing Development project, upon which it was asked to pass, was required to have a minimum of two points of access and egress. The Zoning Board of Adjustment of The Town of Weaverville could only conclude that the project in question did not have two such points of access and egress, and in so concluding, should have denied the request for a Special Exception Permit. The bias of board member Joe Joyner could, therefore, not have affected the acceptance or rejection of the request for a Special Exception Permit for a Unified Housing Development.\nIn affirming the trial court\u2019s judgment, we find that petitioner\u2019s bias argument is not dispositive where its zoning application was so fundamentally flawed that those circumstances could not have affected the denial of its permit.\nAffirmed.\nJudges EAGLES and LEWIS concur.",
        "type": "majority",
        "author": "WELLS, Judge."
      }
    ],
    "attorneys": [
      "Shuford, Best, Kelly, Cagle, Rowe, Brondyke & Wolcott, by James Gary Rowe, for petitioner-appellant.",
      "Roberts Stevens & Cogburn, P.A., by Carl W. Loftin, for respondent-appellee."
    ],
    "corrections": "",
    "head_matter": "RICE ASSOCIATES OF THE SOUTHERN HIGHLANDS, INC., Petitioner v. TOWN OF WEAVERVILLE ZONING BOARD OF ADJUSTMENT, Respondent\nNo. 9128SC1212\n(Filed 15 December 1992)\nMunicipal Corporations \u00a7 30.6 (NCI3d)\u2014 denial of zoning application \u2014 bias of one board member \u2014reversal not required\nEven though one member of defendant zoning board had previously expressed bias against petitioner, the board member\u2019s bias did not require reversal of the board\u2019s decision denying petitioner\u2019s application for a special exception permit to construct a unified housing development where the proposed development did not meet objective criteria of the zoning ordinance requiring two points of ingress and egress, petitioner was not entitled to the permit under any circumstances, and the bias of a single board member could not have affected the acceptance or rejection of petitioner\u2019s application.\nAm Jur 2d, Zoning and Planning \u00a7\u00a7 716, 812, 975, 976.\nAppeal by petitioner from judgment entered 14 October 1991 in Buncombe County Superior Court by Judge Robert D. Lewis. Heard in the Court of Appeals 1 December 1992.\nPetitioner Rice Associates of the Southern Highlands, Inc. commenced this action by seeking a writ of certiorari to review the decision of Weaverville\u2019s Zoning Board of Adjustment (hereinafter Zoning Board) denying petitioner the Special Exception Permit Application it sought for construction of a Unified Housing Development pursuant to \u00a7 17-114 of the Zoning Ordinance of the Town of Weaverville.\nPetitioner owns a tract of land on \u201cHamburg Mountain\u201d upon which it intended to construct a housing development. The proposed tract of land was accessible by means of a private road which petitioner had constructed on the face of the mountain. Petitioner filed the appropriate application with the Zoning Administrator for review pursuant to \u00a7 17-130 et seq. of Weaverville\u2019s Zoning Ordinance. The Zoning Administrator approved petitioner\u2019s application for development in all respects. Petitioner completed the process to bring its application before the Zoning Board. Joe Joyner, a board member who had a previously expressed bias against petitioner, sat on the Zoning Board during this period and fully participated in the hearings.\nBy letter dated 31 May 1990, the Zoning Board rejected petitioner\u2019s application for a Special Exception Permit, citing specifically petitioner\u2019s failure to submit plans which provided for more than one point of ingress and egress to the Unified Housing Development as required by \u00a7 17-114(3)(b) of Weaverville\u2019s Zoning Ordinance. Thereafter, petitioner filed a writ of certiorari with the Buncombe County Superior Court, seeking judicial review of the Zoning Board\u2019s decision. The trial court entered judgment in the Zoning Board\u2019s favor. Petitioner appeals.\nShuford, Best, Kelly, Cagle, Rowe, Brondyke & Wolcott, by James Gary Rowe, for petitioner-appellant.\nRoberts Stevens & Cogburn, P.A., by Carl W. Loftin, for respondent-appellee."
  },
  "file_name": "0346-01",
  "first_page_order": 374,
  "last_page_order": 377
}