In the lawsuit, the residents argue the plan is an illegal spot zoning which allows for a use that does not fit in with the overall community and would ultimately benefit only Johnson and not the neighborhood.
Reprint from the Greensboro News & Record
July 2, 2025
Residents of Greensboro’s New Irving Park neighborhood are suing the city to block a rezoning that would bring eight townhomes to the predominantly single-family residential community.
The suit, filed by fourteen residents of the neighborhood on June 10 in Guilford County Superior Court, alleges the city’s rezoning of the lot at the corner Pisgah Church Road and Willoughby Boulevard.
In April, the Greensboro City Council voted to rezone that parcel to facilitate developer B.J. Johnson’s plans to build eight townhomes on the 0.86-acre lot. Under the previous zoning, only two single-family homes would have been allowed.
Though Johnson sought to assure neighbors he would be diligent and the project would benefit the community, several residents still expressed concerns about issues ranging from the density to the impact on traffic and the environment.
In the lawsuit, the residents argue the plan is an illegal spot zoning which allows for a use that does not fit in with the overall community and would ultimately benefit only Johnson and not the neighborhood.
The residents contend that “Johnson’s profit secured by the rezoning only comes at the expense of the property values and quality of life of the owners of the numerous, exclusively single-family residences surrounding Johnson’s property, who relied in good faith on the city not to spot zone single small lot in their midst.”
The residents also argue the rezoning is impermissible because of the size of the property is too small and the new land use does not align with the city’s comprehensive plan.
They are asking the court to grant an injunction blocking the city from issuing permits to Johnson for the project and to restore the old, lower-density zoning.
When asked about the lawsuit, Greensboro Communications Division Manager Savion Thorne shared a statement on behalf of the city defending the rezoning.
“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,” according to the statement.
The debate over the New Irving Park rezoning highlighted some of the challenges that will emerge as the city works to meet that goal.
Two members of the council, Councilman Zack Matheny and Mayor Pro Tem Marikay Abuzuaiter, voted against the rezoning.
Matheny, himself a resident of New Irving Park, said the rezoning was the wrong way to go about adding new housing. He said the project “doesn’t revitalize, this ravages.”
When asked if he had advised or consulted the residents regarding the lawsuit, Matheny said in a text that he has “not been in conversation about the filing.”
The six members who voted in favor said addressing the city’s housing crisis will require the city to additional density in a way that might be uncomfortable for some residents.