Advenir Azora Development, LLC v. City of Hendersonville (Zoning Denial Suit — Partial Dismissal)
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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