PUBLIC INFORMATION STATEMENT
For Community Awareness

Recent zoning disputes in Bessemer City have led to a declaratory judgment action now pending in Superior Court. While the legal merits will be determined by the court, residents may wish to be aware of North Carolina law governing recovery of attorneys’ fees in certain municipal land-use cases.

North Carolina General Statute § 6-21.7 provides that if a court finds that a city or county violated a statute or case law setting forth unambiguous limits on its authority in a land-use matter, the court shall award reasonable attorneys’ fees and costs to the party who successfully challenged the action. The statute was enacted by the General Assembly to encourage lawful and consistent administration of local development regulations.

Because litigation is pending, we will not comment on the legal merits or likely outcome of the case. However, litigation involves public expense, and residents may wish to follow the proceedings or review the applicable statutes to understand how land-use decisions can affect municipal budgets.

This page is provided for informational purposes by a private property owner and is not an official communication of the City of Bessemer City.