UNCC School of Government's Jim Joyce trains Morrisville planning board on quasi‑judicial land‑use rules

Jim Joyce, a faculty member at the UNCC School of Government, told the Morrisville Planning and Zoning Board that quasi‑judicial land‑use decisions must be grounded in procedural fairness and the evidentiary record.

"When someone is a party in a quasi‑judicial proceeding . . . they have a right to their decision being made by an impartial decision maker based on the evidence in the record," Joyce said, summarizing the session's central theme. He opened by differentiating quasi‑judicial cases from legislative land‑use decisions and saying the set of people who may participate as parties is narrower in quasi‑judicial contexts.

Joyce outlined who has standing: the property owner or someone with a property interest, the applicant, and a narrow class of other property owners who will suffer "special damages." He illustrated special damages with a stormwater example in which runoff uniquely harms a downhill neighbor.

The presenter emphasized that boards must apply "clear guiding standards" focused on public health, safety, infrastructure and property‑value impacts rather than checklist metrics. He described typical notice requirements under state law — mailed notice to the owner, applicant and adjacent owners — while noting local ordinances may require additional mailings or signs.

On evidence, Joyce said decisions must be based on "competent, material and substantial" evidence in the record. He explained that factual testimony from residents is admissible when witnesses have firsthand knowledge, but opinions about future impacts (for example, on property values or traffic) generally require expert testimony.

Joyce also addressed ex parte communications and recusal. He warned that substantive communications outside of the hearing must be disclosed, that site visits are acceptable but should be disclosed and should not involve a majority of a public body, and that recusal may be required for direct financial conflicts, defined close family or business relationships, or when a member has effectively made up their mind.

He described the mechanics of deliberation and outcomes: applicants bear the initial burden of proof and, for variances only, a four‑fifths majority is required; other quasi‑judicial approvals require a simple majority. Joyce closed by noting that final written decisions must include findings of fact and reasoning because courts reviewing appeals (often to superior court) rely on the written record to determine whether the board's action was supported by competent, material and substantial evidence.

The training included time for board questions; a member asked whether a four‑fifths threshold would require all four present members to vote in favor in a smaller quorum, and Joyce confirmed the threshold is determined by the applicable membership and voting rules.