Reprint from the Triad Business Journal
July 1, 2025
A group of neighbors has filed a lawsuit aiming to block the development of BJ Johnson’s townhome project in New Irving Park, which the Greensboro City Council approved in April.
In Joyce H. Brumback vs. City of Greensboro, the 14 plaintiffs allege that the rezoning approval was a case of illegal spot zoning and are asking the courts to mandate that Greensboro reverse its decision. The suit was filed in the Guilford County Superior Court on June 11.
At its meeting on April 15, the city council approved Johnson’s request to rezone the property at 1201 Pisgah Church Road from Residential Single-family-3 to Conditional District-Residential Multi-family -12. While the zoning conditions allow up to 10 townhomes, Johnson said his development will only have eight units. Johnson declined to comment on the suit.
The suit states that the appellate courts of North Carolina define sport zoning as “a zoning ordinance or amendment that singles out and reclassifies a relatively small tract owned by a single person and surrounded by a much larger area uniformly zoned, so as to relieve the small tract from restrictions to which the rest of the area is subjected.”
The filing notes that the remaining parcels surrounding the property are all zoned Residential Single-family 3, which allows for three units per acre while the new zoning district allows for 12 units per acre.
The plaintiffs also allege that the rezoning violated their rights under due process requires of the constitutes both of the United States and North Carolina.
The plaintiffs are asking the court to mandate that the previous R-3 rezoning be reinstated by Greensboro and to stop Johnson’s development. They also ask that the court stop the city from processing or issuing any permits regarding the townhome project.
“Plaintiffs will suffer irreparable harm if the requested injunctive relief is not granted, to the extent that multifamily construction is allowed to commence on the 1201 PCR parcel, damaging the existing character of their community (and attendant property values)that is consistent with the prevailing R-3 zoning,” the document states. “Injunctive relief is necessary to protect Plaintiff’s constitutional rights during and after the pendency of this litigation, pending reinstatement of R-3 zoning for the 1201 PCR parcel.”
A spokesperson for Greensboro issued a statement saying the city is aware of the lawsuit but does not agree with the plaintiffs.
“In light of the proximity of similar developments in and around this neighborhood, most of which have been in existence for years, the City believes the rezoning reflects conscientious zoning decisions that address housing needs and fits within the existing context of the neighborhood,” the statement read.
The plaintiffs of the lawsuit are:
