BREAKING: Wake County Superior Court Dismisses Neighbors’ Lawsuit Challenging Peace/West Street Rezoning
A Wake County Superior Court judge has dismissed a lawsuit challenging the City of Raleigh’s approval of a downtown rezoning (Z-12-25) near the intersection of North West Street and West Peace Street and the future Smoky Hollow Park. The rezoning increased the permitted height from 12-stories to 27-stories, while also requiring a payment of up to $1,200,000 into the City’s affordable housing fund.
The lawsuit was filed by Roy R. Attride III, Connie M. Upchurch, and David L. Knight against the City of Raleigh and the Raleigh City Council. The plaintiffs challenged the City’s rezoning of several downtown parcels from an industrial mixed-use district to a downtown mixed-use district. Among other claims, the plaintiffs alleged that the rezoning was procedurally defective, constituted unlawful spot zoning, and was arbitrary and capricious.
The City filed a motion to dismiss. The case, arguing that the complaint failed to state a legally sufficient claim, that the plaintiffs lacked standing, and that several of the plaintiffs’ theories were legally flawed. The City also argued that the rezoning was a legislative decision and that the City Council complied with applicable statutory requirements.
On May 13, 2026, Judge Clayton D. Somers issued an Order granting the City’s motion to dismiss the neighbors’ lawsuit under Rule 12(b)(6). The court dismissed all causes of action in the complaint for failure to state a claim upon which relief could be granted. In essence, the Court determined that there was no merit to any of the claims asserted by the neighbors.
The ruling reinforces the legal durability of Raleigh’s legislative rezoning decisions when City Council acts within its zoning authority and follows the required procedural framework. While the neighbors may still seek appellate review, the dismissal is an important win for the City and may reduce uncertainty surrounding similar challenges to rezonings that support more housing and mixed-use development in appropriate locations.
Followers of RaleighForward are aware of other pending litigation where neighbors are seeking to invalidate Raleigh’s Missing Middle ordinances, while trying to stop proposed townhome developments approved pursuant to those regulatory reforms. That litigation remains pending at the NC Court of Appeals. Opinions in those cases could be issued in the next year or so.
Collectively, these ongoing lawsuits underline the tension between residents embracing Raleigh’s growth and those seeking to preserve the status quo. Until all of this litigation is finally resolved by the Courts, Raleigh will continue struggling to provide diverse, affordable housing options across the City.
For background on the pending Missing Middle lawsuits, check out these prior RaleighForward articles: