Kammerer Real Estate Holdings, LLC v. Forsyth County Board of Commissioners

Summary

The court held that the trial court improperly dismissed Kammerer's declaratory-relief and mandamus claims on standing grounds because purchasing property subject to an existing zoning regulation does not bar a constitutional challenge. It also held that the trial court applied the wrong pleading standard in dismissing the certiorari claim against the Director, while the certiorari claim against the Board had to be reconsidered because a local ordinance cannot expand the scope of state-law certiorari review. The refusal to dismiss the attorney-fee claim was affirmed because claims for declaratory and mandamus relief remained pending and the parties had not addressed whether fees could derive from those claims.