Today, we take a look at the land use case Jubilee Carolina, LLC v. Town of Carolina
Beach, decided October 15, 2019.
In April 2017, the Town approved a site plan and conditional use
permit that provided interconnectivity for vehicular traffic
between the applicant's property (the Harris Teeter property)
and an adjacent parcel (the Publix property). At the time the
site plan and conditional use permit were approved with as to the
Harris Teeter property, the Publix property was not yet known to be
possible for a Publix. That's key.
Then, in November 2017, the owner of the Publix property applied
for site plan approval and a conditional use permit,
excluding interconnectivity to the Harris Teeter
property. Yes, the owner of the Publix property sought
through its entitlement process to exclude the interconnectivity
that the Harris Teeter property had obtained thought its
entitlement process. The owners of the Harris Teeter property
appeared at the entitlement
