Date
September 1, 2026
Added to tracker
September 22, 2026
Court or forum
Henderson County Superior Court, North Carolina
State
North Carolina
Presiding judge
Troy Stafford
Property type
Multifamily
Amount / scale
180-unit, 21-acre rezoning denial; declaratory and injunctive relief sought, no liquidated damages claim
Parties
Plaintiff: Advenir Azora Development, LLCDefendant: City of Hendersonville, North Carolina

Henderson County Superior Court Judge Troy Stafford dismissed two of three claims in Miami developer Advenir Azora Development's suit over the City of Hendersonville's January 2026 denial of a rezoning request for a 180-unit rental project on Haywood Road, but let the developer's core 'arbitrary and capricious' claim proceed. The suit followed the city council's unanimous denial of the LEO Hendersonville project's request to convert a 21-acre single-family subdivision entitlement into denser rental housing.

Why it matters

Shows which theories survive a motion to dismiss in a rezoning-denial challenge: statutory-authority and due-process claims were dismissed for lack of specific factual support, while the arbitrary-and-capricious claim, which turns on whether the council's stated reasons are supported by the administrative record, survived. Developers challenging a rezoning denial elsewhere should expect the same triage and build their hearing record accordingly.

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