Insights

Administrative Delay as Regulatory Taking

Overview The North Carolina Court of Appeals recently issued a ruling in LDI Shallotte 179 Holdings LLC v. State of North Carolina Department of Environmental Quality (2026) holding that a state agency can be held liable for a regulatory taking on the basis of improper delays. This case is a novel recognition that improper administrative […]

The Case for Variances in North Carolina

Insight by Morningstar Law Group Partner Nil Ghosh Imagine you own a parcel of land where you desire to build a house. The property is large enough to build on, but the land is subject to a local zoning ordinance with various setback requirements and due to the shape and topography of the land, it […]

Raleigh’s Annexation Policy – What Developers Need to Know

There has been some confusion about whether the City of Raleigh has halted annexations. In short: Raleigh has not enacted a moratorium. But the City has temporarily narrowed eligibility for certain annexation requests. What’s Changed? Raleigh’s annexation policy generally allows annexation eligibility based on several factors—such as whether the property is in the City’s extraterritorial […]

Employment Law Alert - Reacting to Employee Social Media Posts

In the wake of recent events, many employees are posting on social media, with widely divergent views, often communicated with raw emotion.  Responses to those views are just as charged.  And, people who read those posts (including trollers on both sides) are making complaints to employers about the posts of their employees, often demanding that […]

Toward the Free Use of Land: SchoolDev East, LLC v. Town of Wake Forest

Insight by Morningstar Law Group Partner Jeff Roether On December 13, 2024, the Supreme Court of North Carolina issued a ruling in Schooldev East, LLC, v. Town of Wake Forest (Case No. 268A22) which reaffirmed North Carolina’s public policy in favor of “the free and unrestricted use and enjoyment of land” and the protection of […]

Employment Law Update - DEI and Affirmative Action Plans, Action Steps to Take Now

President Trump issued Executive Orders (EOs) 14151 (Ending Radical and Wasteful Government DEI Programs and Preferencing) and 14173 (Ending Illegal Discrimination and Restoring Merit-Based Opportunity), on January 20 and 21, 2025, laying out a plan for eradicating “illegal DEI” programs, including diversity, equity, and inclusion (DEI) initiatives by private employers and affirmative action plans of […]

Client Alert: What to Know about Your Entity Reporting Obligations

Note: The summary below includes information about the Corporate Transparency Act. On December 3, 2014, a US District Court in Texas issued a preliminary injunction that prohibits the US federal government from enforcing the CTA. As the (currently unenforceable) January 1, 2025 filing deadline approaches, the ultimate enforceability of this requirement faces continued uncertainty, and […]

Employment Law Alert: "Materially Significant Disadvantage” No Longer Required for Race or Gender Discrimination Claims (Muldrow v. St. Louis)

In April of this year, the Supreme Court issued a highly anticipated decision, resolving a circuit split and clarifying the level of harm required to prove a Title VII discrimination claim.  It is well established that to prevail on a Title VII discrimination claim, an employee must plead and prove some harm related to the […]

Employment Law Alert: FTC’s Non-Compete Ban Stayed by Court

On May 7, 2024, the Federal Trade Commission (FTC) published its highly anticipated and contentious edict on non-competition covenants (the “Final Rule”) in the Federal Register.  Federal Trade Commission, 89 FR 38342.  The rule, which bans all new non-competes and makes existing covenants invalid unless in the case of a senior executive or a bona […]