Missing Middle Lawsuit: Homeowners Ordered to Pay Developer Legal Fees

BREAKING NEWS:  Hayes Barton homeowners ordered to pay $28,000 to townhouse developer for legal fees! 

The judge ruled that the Hayes Barton neighbors improperly sued the townhouse developer when the neighbors filed a lawsuit seeking to strike down the City’s Missing Middle ordinances.  Since only the City has authority to enact ordinances, the judge ruled that the Hayes Barton neighbors should not have included the townhouse developer in the lawsuit.  The townhouse developers sought nearly $50,000 in attorney fees, but the judge reduced the amount to $28,000. The neighbors can find solace in the fact that they were not ordered to pay the full amount.

The lawsuit against the City continues with discovery ongoing.  RaleighForward will provide updates as the case winds through the judicial process.

Remember that some of the Hayes Barton neighbors also challenged an unfavorable decision rendered by the Raleigh Board of Adjustment upholding the City’s preliminary subdivision approval for the proposed townhouse community. This case is scheduled for the week of May 13, 2024.

The Hayes Barton neighbors have recently begun circulating this flyer attacking Missing Middle housing:

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