Aesthetics And Land Use Regulations

Perhaps disappointing to those who enjoy debating architecture, the North Carolina Court of Appeals affirmed dismissal of a challenge to a historic district commission's approval of a house located across the street from the contesting property owner's home. Cherry v. Wiesner __ N.C. App. __, __ S.E. 2d ___(WL 611074)(February 16, 2016). The Court of Appeals held that the property owner failed to prove her standing to appeal the commission's decision.

A fair reading of the Court of Appeals' opinion is that the property owner failed to produce sufficient evidence to prove standing at the right time, but a broader understanding of the case shows that the relationship between land use regulations and aesthetics is complex, uncertain and evolving.