Zoning Found Arbitrary and Capricious

In Orange County the Town of Hillsborough, 10-CVS-1082, decided February 21, 2012, the North Carolina Court of Appeals upheld a Superior Court judge’s order finding the denial of a zoning compliance permit to OrangeCounty was arbitrary and capricious.  Orange County’s attempt to comply with Hillsborough’s zoning ordinance regarding expansion to the Justice Center ran into a problem when the county submitted plans for parking.  The Town ofHillsborough deemed the county’s use of remote parking facilities as unacceptable.  Upon appeal toSuperior Court, the Superior Court judge determined that decision to be arbitrary and capricious because the County had met the requirements of the zoning ordinance.