North Carolina’s second-highest court is expected to decide in the coming weeks whether Lenoir County violated the county’s ordinances by allowing a new car auction business outside La Grange. The town claims the business should have been rejected as an unauthorized junkyard.
The town, county and corporation Copart argued Tuesday morning before a three-judge panel of the state Court of Appeals.
Copart’s operations will be located near a town-owned well in the Lenoir County commercial district on U.S. Highway 70. The county Planning Commission approved the auction sale after recommendations from zoning officials and an eight-hour hearing. Superior Court Judge Imelda Pate upheld the ruling in December 2022.
La Grange argued before an appellate judge that Lenoir County’s zoning and junk removal business should have been disqualified.
“Looking at these two ordinances together and reading them together, they reflect the intent of the county, that the Planning Commission’s decision should be overturned, and that the proposed use is a junk/salvage yard under the zoning ordinance. “It should be considered a junkyard,” said La Grange representative Gabriel du Sablon. “These are both issues that need to be resolved in this court.”
The county disputed the suggestion that Copart’s operations amounted to a junkyard. “When you look at the inclusion of ‘vehicle graveyards’ in another junkyard ordinance, it becomes clear that this is where cars go to die,” County Representative James “Trey” Ferguson argued. “That’s what cemeteries are. They go there and die, and that’s their final resting place. And that’s not what’s happening here.”
“Some cars come in temporarily and then leave the scene after the auction,” Ferguson added.
Copart’s lawyers pointed out that at the company’s other similar auction sales sites, vehicles tend to stay on site for less than 60 days. “The auction was completed in time for the vehicle to be removed within 60 days,” attorney Keith Anthony said. “Often it’s less than that. Records show evidence is probably no more than 50 days, and as little as nine days.”
Judge John Tyson asked all three attorneys most of the questions. He reminded du Sablon that the burden of proof would be on La Grange in the appellate court.
“There’s the burden of showing mistakes,” Tyson said. “We must presume that Judge Pate’s order is correct. So, could you show that either her findings or conclusions are incorrect?”
Tyson questioned why Copart’s business could be considered a junkyard.
“In my opinion, the difference is permanent,” Tyson said. “Junkyards store junk that stays there forever until it’s shredded or sold. …Many of these vehicles are going to be rebuilt or rebuilt. They’re not necessarily junk.”
Tyson asked why the decision shouldn’t be left up to county officials. “Isn’t that why we have planning commissions and zoning administrators to resolve conflicts over issues of degree?” he asked. “Why not leave it up to counties to decide whether to strictly interpret zoning ordinances in favor of free use of property? Why is it wrong to interpret ordinances in a way that promotes free use of property?” is it?”
Judge Valerie Zachary asked Kopart’s attorneys to respond to LaGrange’s concerns. “How do you react to the terrible events in the city?” Zachary asked. “If this were allowed, it would open the door to commercial kennels, mines, slaughterhouses – basically anything that could be operated by auction?”
“That’s not true at all,” Anthony replied.
The Lenoir County Planning Commission said it likened Copart to a car dealership. “They said we’re essentially a used car dealer, except most of the cars have some amount of wreckage and they’re all sold at auction.”
Judges Tyson, Zachary and Julie Flood have a deadline to decide La Grange v. Lenoir County.