Blue Ridge Co. v. Town of Pineville

Blue Ridge Company, LLC (Blue Ridge) (plaintiff) applied to Pineville Planning Board (planning board) to subdivide a large parcel of undeveloped land. The only access to the property was the main street in a residential neighborhood. The planning board denied Blue Ridge’s application. Blue Ridge appealed to the town council of the Town of Pineville (defendant). After a hearing, the town council found that Blue Ridge did not meet the requirements of the town’s subdivision ordinance. The town council based its denial on concerns of traffic safety and the overcrowding of schools and the proposed subdivision’s failure to facilitate the “most advantageous” development of the neighboring area as required by the subdivision ordinance. Notably, the local elementary school was already considered overcrowded at the time of Blue Ridge’s application. Additionally, traffic experts retained by members of the planning board testified that the proposed subdivision would not create any undue safety problems with respect to traffic. Further, Blue Ridge otherwise complied with the technical and safety requirements of the subdivision regulations, which did not require a school-impact study. Blue Ridge appealed to the superior court. The superior court found that the denial of Blue Ridge’s application was based on subjective requirements and that the town had not provided Blue Ridge with sufficient notice of such requirements. The superior court reversed the denial of the application and remanded the case for a new hearing with the town council. The superior court also ordered that the town council provide specific criteria that the council would consider in determining Blue Ridge’s compliance with subdivision regulations. The town appealed, arguing that its decision was supported by substantial evidence and that the town had no obligation to instruct subdivision applicants on how to present their applications.