(A) Any person aggrieved by the closing of any street or alley including the State Department of Transportation if the street or alley is under its authority and control, may appeal the Council’s order to the General Court of Justice within 30 days after its adoption. In appeals of streets closed under this section, all facts and issues shall be heard and decided by a judge sitting without a jury. In addition to determining whether procedural requirements were complied with, the court shall determine whether, on the record as presented to the City Council, the Council’s decision to close the street was in accordance with the statutory standards of G.S. § 160A-299(a) and any other applicable requirements of local law or ordinance.
(B) No cause of action or defense founded upon the invalidity of any proceedings taken in closing any street or alley may be asserted, nor shall the validity of the order be open to question in any court upon any ground whatever, except in an action or proceeding begun within 30 days after the order is adopted. The failure to send notice by registered or certified mail shall not invalidate any ordinance adopted prior to January 1, 1989.
(1989 Code, § 13-92)
Statutory reference:
For similar provisions, see G.S. § 160A-299(b)