North Carolina County that Rezoned Land for Casino Asks Court to Dismiss Lawsuit
Posted on: August 20, 2025, 10:35h.
Last updated on: August 20, 2025, 01:07h.
- A lawsuit against Rockingham County continues in North Carolina
- A children’s camp is challenging the county’s decision to rezone land
- The rezoning could have allowed a casino to open next to the camp for kids with illnesses and disabilities
A county in North Carolina that rezoned land in 2023 to seemingly make way for a possible commercial casino resort is calling on the state’s highest court to dismiss a lawsuit against it from local property owners who alleged it mishandled the land-use process.
In the fall of 2023, the owners of Camp Carefree, a free summer camp offered to children with chronic illnesses and disabilities, sued Rockingham County on claims that the local government ignored “basic legal requirements” in agreeing to rezone 193 acres of undeveloped land. The property in question, located west of US Route 220, butts up against Camp Carefree.
The Rockingham Board of County Supervisors unanimously agreed to rezone the land from “residential/agricultural” to “highway commercial” use. It was later revealed that The Cordish Companies, a Baltimore-based gaming and hospitality firm, had entered into a tentative deal to buy the land.
Cordish was later found to be working with state Senate President Pro Tempore Phil Berger (R-Rockingham) on a casino bill that would have allowed casinos in three rural counties — Rockingham, Anson, and Nash. Under Berger’s bill, which was defeated after word got out about the backroom dealings, Cordish would have secured the exclusive development rights to each. Berger’s son, Kevin, is the chair of the Rockingham Board of County Supervisors.
County Lawsuit Proceeds
Camp Carefree, joined by local business Kalo Food, LLC, a bakery that specializes in gluten-free foods, and several area homeowners, sued the county in seeking to have the county’s two adopted amendments of its Unified Development Ordinance declared “void and of no legal effect.”
Camp Carefree said the county failed to consider how a casino directly next to a children’s camp would impact the kids’ experience.
In March 2024, North Carolina Superior Court Judge Clayton Somers dismissed the lawsuit. The trial court judge sided with the county on its motion to dismiss for lack of subject jurisdiction based on a lack of standing.
The plaintiffs appealed, arguing that they made sufficient allegations to establish standing to bring the legal action without further needing to plead special damages. In July, a three-judge appeals court panel agreed.
Rockingham County is now appealing that decision to the North Carolina Supreme Court.
This Petition for Discretionary Review is requesting the Supreme Court to review the Court of Appeals’ decision in this case where the Court held that Plaintiffs challenging the zoning decisions of Rockingham County were not required to allege special damages to show standing to file their complaint under the Declaratory Judgment Act,” wrote Rockingham County Attorney Clyde Albright.
Albright said prior court decisions have required plaintiffs challenging a local government entity’s zoning decisions to show “direct and adverse consequences.”
Unless the state Supreme Court agrees to consider the matter, the case will be returned to a trial judge for additional review.
Casinos Not Coming
The push to bring casinos to North Carolina seems next to nil. Berger has since changed his position on casino gambling and sports betting.
I don’t think casinos are something that will see the light of day,” Berger conceded in February.
North Carolina is home to three tribal casinos. Public polling continues to show increasing support for commercial gaming, though the GOP-controlled General Assembly has shown little appetite for casino legislation.
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