• [ network ]
  • submatrix.net
  • uvid.tv
  • img.uvid.tv
  • games.uvid.tv
  • apps.uvid.tv
HomeUploadUpload URLHotlinkRandomAbouttheme toggle
Expand

North Carolina Shelter Sues for Right to Offer Private Charity on Private Property

Views:1570
@IJvids

When the Catherine H. Barber Memorial Shelter applied for a zoning permit to open at a new facility in North Wilkesboro, its board of directors was confident that the town would grant the permit. After all, the building is in an ideal location, near businesses and public transit but far from residential areas, and it meets the town’s requirements for homeless shelters. They assumed they would get the permit and could then shift to renovating the space to meet their needs. But one thing they didn’t expect was the town Board of Adjustment to break its own rules—as well as state law and the Constitution—to find a reason to deny the permit.

https://ij.org/case/north-carolina-shelter-zoning/

Citing the shelter’s supposed lack of “harmony” with the community, among other reasons, on September 9, 2020, the Board of Adjustment rejected the Shelter’s application. Now, with the help of the Institute for Justice, the Barber Shelter is fighting back. Today it filed a lawsuit to the challenge the Board’s denial and stand up for the shelter’s right to use private property for private charity.

“There is not a ‘harmony exception’ to the Constitution’s protection of private property,” said Diana Simpson, an attorney at the Institute for Justice, which represents the Barber Shelter. “The Supreme Court has made it clear that when the government limits people’s property rights, it must follow the rules and have a rational reason for imposing those limitations. The Town of North Wilkesboro and its Board of Adjustment could not point to a single good reason to reject the Barber Shelter, but they denied the permit anyway. From their actions, it is clear that they just don’t want a homeless shelter anywhere.”

The Catherine H. Barber Memorial Shelter opened its doors more than three decades ago. As the only shelter in all of Wilkes County, N.C., most clients are experiencing temporary homelessness due to acute economic distress, domestic abuse, or a family breakdown. Its goal is to transition people as quickly as possible to more long-term arrangements, working with local social services agencies to help people access resources and get back on their feet.

In search of new space, the Barber Shelter was relieved when a local dentist offered to donate his 3,000 square foot office building. It is in an ideal location—in the Highway Business district, just as the zoning code requires; its immediate neighbors are a mix of non-residential uses, such as a cell-phone store and gym; it is near public transit; and the state just built new sidewalks along the road. In other words, the property completely satisfies the town’s zoning requirements.

But that is not enough for the Town of North Wilkesboro, which has taken steps in recent years to remove people in need from visibility. Until 2018, shelters were allowed without a special permit. But after getting wind that a nonprofit from a neighboring county was considering building a shelter in North Wilkesboro, the town amended its zoning code to add specific requirements for homeless shelters, including that they obtain a conditional-use permit from the town’s Board of Adjustment.

The Barber Shelter’s conditional-use-permit application objectively satisfied the zoning code’s homeless shelter ordinance. Even the Board of Adjustment agreed: “The issue here is that it meets the zoning requirements, but that doesn’t mean it belongs there,” said Board of Adjustment Chair Lisa Casey. So the Board of Adjustment came up with irrational reasons to deny the permit. One such reason? The supposed danger of the proximity of the Barber Shelter to the road and sidewalks, despite the fact that the zoning code requires shelters be next to busy roads and have sidewalks.

“All we want to do is serve our clients and our community,” said Barber Shelter Chair Elizabeth Huffman. “It isn’t right that the town is making up reasons to keep us out.”

The lawsuit asks the court to hold that the Barber Shelter’s constitutional rights are violated by the town requiring that homeless shelters obtain a conditional-use permit, even though similar uses, like drug rehabilitation facilities, don’t need one. It also argues that the Board of Adjustment violated the U.S. Constitution in denying the Barber Shelter a conditional-use permit based on irrational reasons not supported by evidence.

“The principles of this case affect Americans everywhere,” said IJ attorney Alexa Gervasi. “Allowing the Board’s decision here to stand paves the way for zoning boards to invent irrational reasons to deny any applicant their permit, regardless of their proposed use.”

In recent years, the Institute for Justice has particularly focused on the abuse of zoning laws through excessive fines and fees to deny freedom and opportunity to those of modest means. This case expands on that work.

https://ij.org/case/north-carolina-shelter-zoning/
Donate to IJ: https://ij.org/support/give-now/

north carolina
,
homeless
,
shelter
,
property rights
,
constitution
    Thumbnail for Ocheesee Creamery v. Putnam and Newton14:28
    Ocheesee Creamery v. Putnam and Newton
    IJvids
    1268 views
    Thumbnail for Testing a $300 Matcha Maker Machine! | Hey It's Honeysuckle1:00
    Testing a $300 Matcha Maker Machine! | Hey It's Honeysuckle
    Invidious8
    189 views
    Thumbnail for 1.21.5 IS HERE (Spring To Life Update) !!! | camman180:51
    1.21.5 IS HERE (Spring To Life Update) !!! | camman18
    invidious1
    659 views
    Thumbnail for Everything I shoot SHAPESHIFTS in GTA 5 | GrayStillPlays16:53
    Everything I shoot SHAPESHIFTS in GTA 5 | GrayStillPlays
    Invidious8
    192 views
    Thumbnail for All In all, just another chick hit the wall original content0:24
    All In all, just another chick hit the wall original content
    bestofupgoat
    853 views
    Thumbnail for Precursor to ATF Home Raids? ATF Agents Put You on Notice, Government Tracks Search History? | Tom Grieve9:50
    Precursor to ATF Home Raids? ATF Agents Put You on Notice, Government Tracks Search History? | Tom Grieve
    invidious1
    544 views
    Thumbnail for من وراء الحملة على مول المقص? جنرال الدم يعود للمخابرات الجزائرية وامير ديزاد يفضح عائلة تبون | Harbaz Nabil2:33:30
    من وراء الحملة على مول المقص? جنرال الدم يعود للمخابرات الجزائرية وامير ديزاد يفضح عائلة تبون | Harbaz Nabil
    Invidious9
    521 views
    Thumbnail for LECCE-ROMA 0-1 | HIGHLIGHTS | Dovbyk Wins it for the Giallorossi | Serie A 2024/25 | Serie A2:26
    LECCE-ROMA 0-1 | HIGHLIGHTS | Dovbyk Wins it for the Giallorossi | Serie A 2024/25 | Serie A
    Invidious6
    705 views
    Thumbnail for Resident Evil 6 Gameplay Walkthrough Part 6 - THE STAND - Leon / Helena Campaign Chapter 1 (RE6) | theRadBrad11:52
    Resident Evil 6 Gameplay Walkthrough Part 6 - THE STAND - Leon / Helena Campaign Chapter 1 (RE6) | theRadBrad
    Invidious8
    165 views
    Thumbnail for Attempt #1 on Scratch Get Over It10:10
    Attempt #1 on Scratch Get Over It
    SegOverride_Gaming
    697 views
    Thumbnail for Guess The Arrest = Win Money! | Law By Mike0:41
    Guess The Arrest = Win Money! | Law By Mike
    invidious
    508 views
    Thumbnail for Superpositions, Sudoku, the Wave Function Collapse algorithm. | Martin Donald14:28
    Superpositions, Sudoku, the Wave Function Collapse algorithm. | Martin Donald
    invidious1
    1681 views
    Thumbnail for Ubisoft: This is Brutal.. | Asmongold Clips1:24
    Ubisoft: This is Brutal.. | Asmongold Clips
    Invidious8
    167 views
    Thumbnail for STARFLEET ACADEMY (1987) - a short Star Trek AI video | Starfleet Dreams1:44
    STARFLEET ACADEMY (1987) - a short Star Trek AI video | Starfleet Dreams
    Invidious5
    265 views
    Thumbnail for Untitledfg7676t67t6t86t87-12:19
    Untitledfg7676t67t6t86t87-1
    AOUisgay
    767 views
    Thumbnail for +50 Riddles With Twists For Natural Born Investigators 🔍 | BRIGHT SIDE37:08
    +50 Riddles With Twists For Natural Born Investigators 🔍 | BRIGHT SIDE
    invidious
    729 views
    Thumbnail for You're a beta male, Sonic. | Jehtt0:29
    You're a beta male, Sonic. | Jehtt
    invidious1
    684 views
    Thumbnail for This is why white men are getting their passports 0:50
    This is why white men are getting their passports
    bestofupgoat
    639 views
    Thumbnail for How To Talk Like a White Supremacist10:23
    How To Talk Like a White Supremacist
    bestofvoatxyz
    1132 views
    Thumbnail for What If We Had a Worldwide Pandemic? | What If7:01
    What If We Had a Worldwide Pandemic? | What If
    Invidious8
    189 views
    Thumbnail for Dalgona Cookie from Squid Game #cookie #squidgame | Patrick Zeinali0:33
    Dalgona Cookie from Squid Game #cookie #squidgame | Patrick Zeinali
    invidious
    558 views
    Thumbnail for Joe is TURBOCHARGED1:53
    Joe is TURBOCHARGED
    bestofvoatxyz
    1240 views
    Thumbnail for Cory Doctorow on The War on Kids, Boing Boing, & His Next Novel5:26
    Cory Doctorow on The War on Kids, Boing Boing, & His Next Novel
    ReasonVids
    1711 views
    Thumbnail for "You CAN'T believe who's REALLY running the world" Derrick Broze Pyramid of Power exposes the truth | Redacted30:00
    "You CAN'T believe who's REALLY running the world" Derrick Broze Pyramid of Power exposes the truth | Redacted
    Invidious2
    413 views
    Thumbnail for When you find the resonant frequency in medieval times | Daniel Thrasher4:25
    When you find the resonant frequency in medieval times | Daniel Thrasher
    Invidious8
    159 views

points

Permalink
Reply
north carolina
,
homeless
,
shelter
,
property rights
,
constitution
TOS  •  Add Keywords  •  Donate  •   Analytics  •   DMCA  •   Puzzle