Adapting to the Unexpected (2021 Zoning, Planning & Land Use Section Program)

8:55 Welcome and Introductions

9:00 Integrating 160D into a UDO

Robin L. Tatum, Raleigh City Attorney's Office, Raleigh
David York, Raleigh City Attorney's Office, Raleigh

As we navigate the implementation of N.C. Gen. Stat. § 160D, hear from municipal attorneys on how they are integrating the statute into their ordinances and communicating the new provisions to city staff and others.

10:03 Challenges to Emergency Land Use Procedures

Terrie Hagler-Gray, Charlotte City Attorney's Office, Charlotte
Thomas Powers III, Charlotte City Attorney's Office, Charlotte

Hear an update from municipalities who have received challenges to conducting remote or virtual proceedings due to emergency orders from the COVID-19 pandemic.

11:04 Break

11:14 Update on Short-Term Vacation Rentals

Amy C. Schaefer, Lee Kaess PLLC, Wilmington

Dive into the Vacation Rental Act and the short-term vacation rental (STVR) ordinance process.

12:13 Lunch Break

12:43 Impediments to Rational Decision-Making^*

James C. "Jim" Drennan, UNC School of Government, Chapel Hill

Explore unconscious bias and other blind spots in land use decisions.

1:44 Break

1:54 Case Law and Legislative Update

James L. "Jim" Joyce, UNC School of Government, Raleigh
Adam Lovelady, UNC School of Government, Chapel Hill

Join us for an interesting discussion of the important cases and key legislation of the past year that are likely to affect the planning and development in North Carolina.

4:00 Adjourn

* Indicates portion providing Ethics/Professional Responsibility credit

Thank you

Thank you for joining us for Adapting to the Unexpected (2021 Zoning, Planning & Land Use Section Program).

Description

Hear from land use and zoning law practitioners throughout North Carolina about key issues as we begin 2021.

Contributors

James C. "Jim" Drennan

James C. "Jim" Drennan joined the School of Government (then the Institute of Government) in 1974. He was the Albert Coates Professor of Public Law and Government until he retired from full-time teaching in 2011. He remains on the faculty on a part-time basis where he teaches and advises on court administration issues, judicial ethics and fairness, criminal sentencing, and judicial leadership.

While on leave from 1993 through 1995, Jim served as director of the North Carolina Administrative Office of the Courts.

Jim earned a B.A. from Furman University and a J.D. from Duke University, where he served on the editorial board of the Duke Law Journal.

Click here for more information about Jim.
Terrie Hagler-Gray

Terrie Hagler-Gray has primary responsibility for advising City officials and staff on legal issues concerning land use and annexation. She works with the Charlotte-Mecklenburg Planning Department, the Zoning Administrator and the Zoning Board of Adjustment. She also provides legal counsel to the Historic District Commission staff and the Landmarks Commission. She represents the Board of Adjustment in appeals to State courts from the Board's decisions. Terrie also sits in for the City Attorney at the City Council Zoning meetings.

Click here fore more information about Terrie.
James L. "Jim" Joyce

James L. "Jim" Joyce is an Assistant Professor of Public Law and Government at the School of Government at UNC–Chapel Hill. He teaches, researches, and advises on topics of community planning, development regulation, and the environmental impacts of land development. He joined the School of Government in 2020 after practicing environmental and land use law for over ten years at a global law firm.

Since joining the School of Government faculty, Jim has authored guidance documents and provided an array of training and advice to local government officials across the state on the new Chapter 160D of the North Carolina General Statutes. He also posts to the School's local government law blog, Coates Canons.

Prior to entering private practice, Jim served as a summer clerk and fall fellow at the School of Government, where he co-authored the book Inclusionary Zoning: A Guide to Ordinances and the Law.

Jim earned his B.A., with highest honors, from the University of North Carolina at Chapel Hill, a Masters of Community Planning from the University of Maryland, and his J.D. from the University of Virginia School of Law.

Click here for more information about Jim.
Adam Lovelady

Adam Lovelady is an Associate Professor of Public Law and Government at the School of Government at UNC Chapel Hill. He teaches, researches, and advises on topics of zoning, land subdivision, transportation, renewable energy, and historic preservation. He joined the School of Government in 2012. He also serves as an Adjunct Associate Professor in the Department of City and Regional Planning at UNC Chapel Hill. Adam was named Albert and Gladys Hall Coates Term Professor for Teaching Excellence for 2019-2021, and he was named Coates Distinguished Term Assistant Professor for 2015–2017.

Adam's publications include Chapter 160D: A New Land Use Law for North Carolina (2019), Quasi-Judicial Handbook: A Guide for Boards Making Development Regulation Decisions (2017), Reshaping Suburban Spaces: Lessons from North Carolina Cities (2016), and Land Subdivision Regulation in North Carolina (2015). He has authored a variety of land use law bulletins, law review articles, and special reports. Additionally, he regularly posts to the School's local government law blog, Coates Canons. His 2014 report, Planning and Zoning for Solar in North Carolina, received the Margaret Taylor Writing Award in 2015. He also has designed and authored a library of web-based training modules on zoning topics for use by local boards. In addition, he has served as a trainer for the National Alliance for Preservation Commissions, teaching local preservation commissions around the country.

Before coming to the School, Adam practiced law in Richmond, VA, focusing on land use regulation, environmental law, and sustainable development. Prior to that, he taught second grade in Atlanta as part of Teach for America and worked in historic preservation in Asheville and Shelby.

Adam earned a BA in history from Auburn University and a Masters of Urban and Environmental Planning as well as a J.D. from the University of Virginia.

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Clifford P. Parson

Clifford P. Parson leads the firm's Real Estate Development Practice Group. His practice focuses on representing individual and corporate clients in residential and commercial real estate transactions, such as the preparation and negotiation of purchase and sale agreements, loan agreements, and leases for office and retail space.

Additionally, clients rely on Cliff for the preparation and interpretation of restrictive and protective covenants and other planned community and condominium documents, including marina developments and "boat slip" conveyances.

Cliff provides legal services to cities, public housing authorities, community colleges, and other independent subdivisions of the State, and has extensive experience with board governance issues, open meetings laws, and public records laws.

Click here for more information about Clifford.
Thomas E. Powers III

Thomas E. Powers III is the Senior Assistant City Attorney – Supervisor for the City of Charlotte. He has provided legal guidance to the Charlotte Water department since late 2016.

Thomas previously served as City Attorney for the City of Lumberton and provided legal guidance to the Mayor, City Council and City Manager.

Thomas earned his bachelor's degree from North Carolina Agricultural and Technical State University, Masters in Public Administration from the University of Georgia, and J.D. from the University of North Carolina School of Law.

Click here for more information about Thomas.
Amy C. Schaefer

Amy C. Schaefer has a depth and breadth of legal experience in public and private settings. Currently, Ms. Schaefer is a partner in the Wilmington law firm Lee Kaess, PLLC where she continues to practice land use, commercial real estate, and litigation.

A graduate of the University of Dayton and Campbell University School of Law, Ms. Schaefer spent several years in private practice, co-founding and managing a litigation firm, before transitioning into public service with the City Attorney's office for six years, including a period of service as Interim City Attorney

Amy represented the City in a variety of administrative and litigation contexts, including Superior Court cases involving issues such as condemnation, land use, board policy and procedure, breach of contract and negligence. She also represented the City before the Employment Security Commission and Equal Employment Opportunity Commission, among others.

Outside of the courtroom, Ms. Schaefer provided legal guidance and training to the City Staff, Planning Commission, Subdivision Review Board and Railroad Task Force. She proposed City Ordinances to ensure compliance with all applicable federal and state statutes, managed legal issues related to major economic development projects, evaluated pending state legislation, managed outside legal counsel working on City projects, and drafted various agreements between the City and agencies such as the NC Department of Transportation, New Hanover County, Cape Fear Public Utility Authority, and WAVE Transit.

Click here for more information about Amy.
Jamie S. Schwedler

Jamie S. Schwedler is a partner at Parker Poe Adams & Bernstein in Raleigh. Her practice consists of zoning and land use law, real property development, real property litigation, state and local tax matters, and related regulatory matters.

Jamie advises developers and landowners on a full range of real property and development matters. Her representation has included zoning requests for large land development projects and infill sites, conducting due diligence and entitlement review on real estate acquisitions, navigating local and state regulations affecting development, and analyzing legal issues of transportation and infrastructure improvements.

Jaime's litigation practice focuses on real property, land use and zoning, contract, unfair and deceptive trade practices, and related business disputes. Jamie has appeared in the district and superior courts of North Carolina. Her appellate work includes cases before the Court of Appeals of North Carolina, the North Carolina Supreme Court, and the U.S. Court of Appeals for the Fourth Circuit.

Before joining Parker Poe, Jamie was a project manager for an international landscape architecture, planning, and economic development firm. Her experience as a landscape architect includes planned community design, urban revitalization design and construction, transit-oriented development, and large-scale master planning.

Jaime earned her B.A., magna cum laude, from Clemson University and her J.D., with honors, from UNC School of Law.

Click here for more information about Jamie.
Robin Tatum

Robin Tatum is a Partner at Fox Rothschild LLP in Raleigh. She is a highly experienced land use and zoning attorney who has represented local governments, private businesses and developers throughout North Carolina for more than three decades.

A former City Attorney for Raleigh and Asheville, Robin often serves as lead counsel in significant cases filed in North Carolina's state and federal courts — both at trial and on appeal. A frequent speaker on the topic of municipal law, she leverages this 360-degree perspective to help clients solve complex land use, zoning and land development challenges.

Prior to joining Fox Rothschild, Robin served as City Attorney for Raleigh, managing a staff of 21 lawyers. Before that, she was City Attorney for Asheville, and worked as a land-use and zoning attorney for two North Carolina-based private law firms.

Robin earned her B.S. and master's from North Carolina State University and her J.D., summa cum laude, from North Carolina Central University Law School. She clerked for the Honorable Franklin Dupree of the U.S. District Court for the Eastern District of North Carolina after earning her law degree.

Click here for more information about Robin.
David York

David York is a Sr. Assistant City Attorney with the City of Raleigh. David joined the Raleigh City Attorney’s office after 30 years of private practice. David’s private practice concentrated on Zoning, Land Use and Municipal Law. David served as Chair (2006-2007) and Vice Chair (2005-2006) of the Zoning Planning and Land Use Section of the NCBA. David formerly practiced with law firms Fox Rothschild, Smith Moore Leatherwood, Holt York McDarris & High LLP and Hatch Little Bunn. David is a 1989 grad of Campbell Law School and a 1985 grad of N.C. State University.

Click here for more information about David.

Thank you

Description

Contributors

James C. "Jim" Drennan

Terrie Hagler-Gray

James L. "Jim" Joyce

Adam Lovelady

Clifford P. Parson

Thomas E. Powers III

Amy C. Schaefer

Jamie S. Schwedler

Robin Tatum

David York