July 9, 2pm (reschedules)
Support for RDU Quarry Fight-Attend Hearing Zoning of the Odd Fellow Tract and Lake Crabtree
Wake County Superior Court
Wake County (old and tall) Court House Room TBA (10th floor) 316 Fayetteville St, Raleigh, NC 27601
The Odd Fellows Tract (and the 148 forested acres at Lake Crabtree County Park) was last zoned by Wake County Commissioners on March 1, 1982, to low-density residential (R-40, one residential unit per acre). In 1984, Wake County added a Highway Overlay to protect the forested lands along I-40. This zoning was upheld UNTIL the RDUAA signed a mineral lease with Wake Stone for a quarry—a prohibited use in Wake County R-40 zoning.
The Umstead Coalition asked Wake County to enforce its zoning, but the staff refused WITHOUT consulting the Wake County Commissioners. This eventually led to a hearing before the Wake County Board of Adjustments on July 9, 2024.
The RDUAA attorney argued that the Airport Layout Plan (ALP) was a ‘zoning’ document and that the RDUAA had complete authority to essentially void the Wake County Commissioners' decision. Wake County argued similarly, but clarified that this was a County staff decision (not the County Commissioners). The Umstead Coalition contends that the ALP is a "Planning Document," similar to the County or City's Comprehensive Plan, and not regulatory zoning. FAA procedures confirm that the ALP is a planning document. We further argued that Wake County still retains the authority to enforce it's R40 zoning.
The appointed Board of Adjustment struggled but ultimately ruled that the RDUAA could override Wake County zoning and rely on the ALP as a zoning document. Note: The RDUAA does have a “Height Zoning Ordinance” to protect aircraft from hazards. This ordinance, enacted in compliance with NC law, is valid but limited to structure height and lighting—e.g., aircraft and navigation hazards. It is also worth noting that Wake County’s zoning was enacted at the request of the RDUAA.
Current status: The Umstead Coalition filed an appeal in Wake County Superior Court. Wake Stone is not a party to our Appeal, but have filed a motion to Intervene; we expect that motion to be argued at the beginning of our Appeal Hearing.
We went to an April 28, 2025 Calendar Call at Wake County Superior Court expecting a Hearing same day or week. However, we were pushed due to other trials. The court manager promised June 23, but then RESCHEDULED FOR JULY 9, 2pm.
Join us in support! It is always good to have our supporters in the audience for the Hearing.
What to expect: Here's what to expect if you attend the Hearing. Arrive at the courthouse early, go through security and take the elevator to the 10th floor, Court Room TBD. You can come and go from the court room, but can't talk while court is in session. Try to sit behind our attorneys during the Hearing (most likely on the right side).
A good option for parking is the Wake County Municipal Parking Deck 216 W. Cabarrus St., on the corners of Davie, McDowell and Cabarrus streets. It's about a 5 to 10 minute walk to the courthouse.
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