Hidden Valley Residents Sue Developer to Block Triplex Over Deed Restrictions

Residents of the Hidden Valley community in north Charlotte are suing developer Four Corners to halt the construction of a triplex on a lot they contend is restricted to single-family housing. The lawsuit, supported by the Hidden Valley Community Association, seeks to enforce decades-old deed restrictions that neighbors argue prohibit the density of the new development located off West Sugar Creek Road, WBTV reported.

Legal challenge to Hidden Valley deed restrictions

The plaintiffs are asking a judge to prohibit Four Corners from completing, leasing, or selling the units, and are further requesting that the developer bring the property into compliance with existing neighborhood covenants. According to court documents, residents made multiple attempts to stop the project as construction progressed, including sending a petition in May and a formal notice from legal counsel in June. Despite these efforts, construction continued on the lot, which now features three townhouses.

The dispute centers on the interpretation of restrictive covenants that neighbors claim limit the community to one single-family home per lot. Marjorie Parker, President of the Hidden Valley Community Association, stated that the development is out of character for the neighborhood and creates concerns regarding traffic congestion, privacy for senior residents, and potential declines in property values, according to WBTV. The McAdoo Law Firm, representing the residents, has also filed a request for monetary damages related to the alleged loss of property value.

Developer defense of property usage

Four Corners maintains that the triplex complies with all applicable local ordinances and state laws. R. Lee Robertson, Jr., an attorney for the developer, stated that the project received approval from all necessary administrative and regulatory agencies prior to construction. The developer further argues that there are no valid deed restrictions prohibiting the construction of townhomes on the site.

In a statement provided to WBTV, representatives for Four Corners noted that the company attempted to engage with residents on several occasions but received no response. The company stated it intends to defend against what it characterized as meritless allegations.

Charlotte zoning changes increase missing-middle housing stock

The conflict in Hidden Valley coincides with broader changes to Charlotte’s residential zoning. Since June 1, 2023, the city’s Unified Development Ordinance has permitted the construction of duplexes, triplexes, and quadplexes in areas previously restricted to single-family homes, according to reporting from WFAE. City data indicates that a total of 8,537 duplexes, triplexes and quadplexes have been submitted or approved under these new rules, which were designed to increase the city’s stock of missing-middle housing.

This is not the first legal battle in Charlotte regarding these zoning shifts. Residents in the Lansdowne neighborhood previously sued to block a triplex, asserting that deed restrictions barred multi-family units. Developers in that case argued the restrictions had expired, while residents maintained they had been renewed in 1989. A North Carolina Supreme Court ruling recently found certain long-standing restrictions on building heights and multi-family units invalid, though that ruling involved separate cases in Charlotte and Asheville, as noted by WFAE.

Future implications for Hidden Valley homeowners

Hidden Valley, a historically Black community, has seen increased interest from developers due to its proximity to the city’s light rail line. Parker indicated that even if the court does not order the current triplex to be demolished, the legal action serves as a necessary precedent for future development.

If the judge doesn’t order this one torn down, which it probably won’t, we have deed restrictions if someone else comes we want to have the complaint filed.

Marjorie Parker, President of the Hidden Valley Community Association