Rakestraw v. Town of Knightdale, 188 N.C. App. 129, 654 S.E.2d 825, review denied, 362 N.C. 237, 659 S.E.2d 739 (2008)
Notice, Amendments
The plaintiff neighbors brought a declaratory judgment action challenging the rezoning of a 56.8 acre tract from “highway business” and “urban residential” to a “highway commercial conditional” district. The town held a public hearing on the rezoning, with newspaper, mailed, and posted notices. The notices indicated the rezoning would allow subdivision of the parcel and development of a shopping center-community center with some 430,650 sq. ft. of retail and commercial uses. The advertised hearing was continued to two additional dates. These additional hearing dates were apparently announced at the advertised hearing but were not subject to additional notices. The trial court granted summary judgment for the town.
The court upheld the trial court and the rezoning. The court held the published notice to be legally sufficient provided there was no substantial change to the proposed ordinance as it moved towards passage and interested parties were informed when additional meetings would be held. No evidence was presented to show that either of these conditions was not met. The two-feet by three-foot posted sign on the site of the proposed rezoning contained the message: “Town of Knightdale PUBLIC HEARING PROPERTY NOTICE – For more information: (phone number).” The court held that the posted sign was adequate to identify and locate the property and need not contain the level of detail contained in published and mailed notices. The plaintiffs presented affidavits that not all of the mailed notices were received. However, the court held that the statute provides that if the mailer certifies the mailing of the notice, that is deemed conclusive in the absence of fraud. Here the town made such a certification and there was no evidence of fraud presented, so there could be no issue of material fact regarding the mailing. Finally, the court held that the statutes do not preclude adoption of a conditional district with less stringent standards that the comparable conventional district and in this instance the town ordinance explicitly allowed such.