Wally v. City of Kannapolis

Coddle Creek, LLC and the Wallace Charitable Trust (collectively, the owners) owned a large parcel of land in the City of Kannapolis (the city) (defendant). The owners applied to have the land rezoned for development of a neighborhood office and a light industrial and retail business park on the property. The zoning commission approved the request, and Fred Wally and other nearby property owners (collectively, Wally) (plaintiffs) appealed the decision to the city council. The zoning commission provided the city council with a staff report that analyzed the proposed zoning amendment and concluded that the rezoning request was consistent with the city’s long-term goals and reasonable in light of existing and approved infrastructure. The city council approved the rezoning request, and Wally challenged the decision in the superior court. Wally argued that the court should declare the zoning amendment void because the city council had failed to adopt a statement that it was consistent with the city’s comprehensive plan and explaining why the decision was reasonable and in the public interest, as required by state law. The city argued that it had complied with state law by (1) impliedly adopting the staff report at the time that it approved the rezoning request and (2) adopting the statement, “the Council’s final vote conforms to the guidelines under which they are granted final authority to act upon a rezoning petition.” The superior court granted summary judgment in favor of the city, and the court of appeals affirmed. Wally appealed to the North Carolina Supreme Court.