Supreme Court of North Carolina
Town of Midland v. Harrell
October 20, 2023
Summary
The Supreme Court of North Carolina affirmed that the Town of Midland had standing and subject matter jurisdiction to sue the developers over unpaid civil penalties and failure to maintain subdivision roads. The Midland Development Ordinance assigned the zoning administrator responsibility to refer unpaid penalties to legal counsel, so prior Town Council authorization was unnecessary. The Court also held that the developers remained responsible for road maintenance because that issue had already been decided in the same litigation and was not properly presented to the Court of Appeals.