§ 40-331. Appeal from action by town council on conditional uses.

(a)

Any appeal from a final decision of town council on an application for a conditional use permit or an application for major changes to a conditional use permit is subject to judicial review by proceedings in the nature of certiorari filed in the superior court of the county and consistent with G.S. ch. 160A, art. 19 (G.S. 160A-360 et seq.). Judicial review in the nature of certiorari may be brought by:

(1)

Any person aggrieved by a final decision of the town council;

(2)

Persons having an ownership interest in the property that is the subject of the decision being appealed, persons having a leasehold interest in the property that is the subject of the decision being appealed, persons having an interest created by easement, restriction, or covenant in the property that is the subject of the decision being appealed, and persons having an option or contract to purchase the property that is the subject of the decision being appealed;

(3)

Any other person who will suffer special damages as the result of the decision being appealed;

(4)

An incorporated or unincorporated association to which owners or lessees of property in a designated area belong by virtue of their owning or leasing property, or an association otherwise organized to protect and foster the interest of the particular neighborhood or local area, so long as at least one of the members of the association would have standing under subsections (a)(1)—(3) of this section as an individual to challenge the decision being appealed, and the association was not created in response to the particular development or issue that is the subject of the appeal.

(b)

The petition for the writ of certiorari must be filed with the county clerk of court within 30 days after the later of the following occurrences:

(1)

A written copy of town council's final decision has been filed with the Town Clerk;

(2)

A written copy of the town's council's final decision has been delivered by personal service or certified mail, return receipt requested to the person liable;

(3)

A written copy of town council's final decision has been delivered by personal service or certified mail, return receipt requested, to every aggrieved party who before the hearing on the final decision has filed with the Town Clerk a written request for a copy of the final decision.

(c)

A copy of the writ of certiorari shall be served upon the town.

(d)

The petitioner shall follow procedures as required by G.S. ch. 160A, art. 19 (G.S. 160A-360 et seq.).

(Code 1986, app. A, § 14.12; Ord. No. 10-815A, 2-9-2010)

State law reference

G.S. 1-296; 160A-377; 160A-381; 160A-388; 160A-393; 160A-399.