A fight over a large Brunswick County subdivision is headed to a judge, and the outcome could matter for builders across North Carolina. The developers behind the Green Hill planned development filed a motion Wednesday asking a Brunswick County Superior Court judge to order the county to approve the project, WECT reported.
HIC Land, LLC and CLD Engineering, PLLC sued the county in May after the county Planning Board denied the 784.59-acre project, known as PD-161, on April 13. WECT reports the motion came after a July 27 mediation conference failed to produce a settlement. According to Port City Daily, the case is set to be heard Nov. 9 at the Brunswick County Courthouse in Bolivia.
The project
Port City Daily reports the plan calls for 1,340 single-family homes, phased in over 10 years, at 1.71 units per acre. That's below the 2.9 units per acre allowed under the land's Rural Residential zoning. The developers originally proposed 1,450 homes and cut 110 lots. About 200 acres are wetlands, though homes would be built outside the AE flood zone.
Port City Daily also reports the developers planned to spend $6 million on road improvements, add signal preemption so lights turn green for approaching fire trucks and install 45 new fire hydrants. Planning staff recommended approval and noted the plan included 310 acres of open space, well over the 117.68 acres required.
The Planning Board denied the project twice, first in November 2025 and again in a 3-1 vote in April, according to Port City Daily.
The developers' argument
According to WECT, the developers argue the Planning Board's job was administrative, limited to checking the application against the county's objective development standards.
Their motion says the county has acknowledged the application was complete, its density was below the maximum, it met open-space requirements, its traffic study was approved by the state and county staff recommended approval. They argue the board instead relied on traffic and drainage concerns raised by Winnabow Volunteer Fire Department Chief Travis Mercer, which they call generalized opinions that don't meet the legal standard to override compliance with written rules.
The developers want the court to overturn the denial, declare the project compliant and order its approval.
The county's position
Brunswick County is asking the court to dismiss the lawsuit and make the developers pay court costs, WECT reports.
The county admits the application met open-space requirements and that the traffic study was state-approved. But it disputes that meeting staff-identified standards guaranteed approval. It says the Planning Board, not staff, has the final say, and the board had unresolved fire-safety concerns tied to the fire chief's statement. The county also argues the decision was administrative rather than quasi-judicial, so it didn't need the evidentiary standard the developers cite.
"Planning staff is not vested with the authority to approve or deny planned developments," the county said in its response, as quoted by Port City Daily.
WECT notes the motion is the developers' legal argument, not a ruling. A judge has not yet ruled.
Why it matters for contractors
At 1,340 homes over 10 years, Green Hill alone would mean steady work for Brunswick County's site, utility and homebuilding trades. But the bigger issue is the legal question. If a project meets every written standard and staff recommends approval, can an appointed board still say no based on broader concerns about traffic, flooding and fire safety?
A ruling for the developers would strengthen the idea that planned developments meeting objective standards should be approved, giving builders more certainty when they invest in engineering, studies and road commitments up front. A ruling for the county would signal that boards keep real discretion, which means more risk and more time spent on community and first-responder concerns before a vote.
Either way, builders and engineers working in fast-growing coastal North Carolina should watch the Nov. 9 hearing. How the court handles the difference between administrative and quasi-judicial decisions could shape how planned developments are reviewed across the region.