Raleigh ‘missing middle’ critics cannot pursue suit against developers

  • The North Carolina Court of Appeals has rejected an appeal from critics of Raleigh’s “missing middle” housing policies.
  • The critics can move forward with a lawsuit against the city but cannot pursue a complaint against developers of a 17-unit townhouse project in the Hayes Barton neighborhood.
  • A unanimous appellate panel agreed that an appeal should not move forward while the complaint against the city proceeds to a trial court.

The North Carolina Court of Appeals has rejected an appeal from critics of Raleigh’s “missing middle” housing policies. The decision Wednesday means that critics cannot move forward with a lawsuit against developers of a 17-unit townhouse development in Hayes Barton.

At the same time, the critics can continue to pursue their complaint against the city. The Appeals Court dismissed Raleigh’s attempt to block that part of the lawsuit from moving forward.

Three Hayes Barton couples filed suit in 2023 after city officials approved a plan to replace one house with 17 townhouses on 2.4 acres at Williamson Drive. The project was permitted under Raleigh’s “missing middle” policies, adopted in the city’s development ordinance starting in 2021…

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