G. Nicholas (Nick) Herman

Nicholas Herman G. Nicholas Herman received his Bachelor of Arts degree in 1977 from the University of North Carolina at Chapel Hill as a Morehead-Cain Scholar. He received his law degree from Duke University School of Law in 1981. He was formerly a partner in the firm of Coleman, Bernholz, Bernholz, Gledhill, Hargrave & Herman, where his practice concentrated in general, civil and criminal litigation and appeals. He has extensive litigation experience in state and federal court in a wide variety of areas of law, including municipal and county defense, zoning issues, personal injury, civil rights, eminent domain, and employment law. He has also argued over 35 cases in the North Carolina Supreme Court, North Carolina Court of Appeals, and the United States Court of Appeals for the Fourth District.

Mr. Herman is an Adjunct Professor at North Carolina Central University School of Law, and he has also taught on the adjunct faculties at Duke Law School, UNC-CH Law School, Campbell Law School, and Elon University (Department of Philosophy). He teaches courses in trial practice, the law of evidence, legal counseling and negotiating, appellate advocacy, civil procedure, alternative dispute resolution, and pretrial litigation. He has also taught on the faculty of the National Institute of Trial Advocacy in trial practice, negotiation and mediation, and deposition-taking skills. He is the author of five books: North Carolina Civil Trial Practice (Juris Publishing, Inc. 2012); Practical Evidence: The Law, Foundations, and Trial Techniques (2d ed. West Group 1999); Plea Bargaining (2d ed. Juris Publishing Inc. 2004); Legal Counseling, Negotiating & Mediating: A Practical Approach (Lexis/Nexis 2009); and A Practical Approach to Client Interviewing, Counseling, and Decision-Making: For Clinical Programs and Practical-skills Courses (Lexis/Nexis-Matthew Bender & Co. 2009). He has also written over 40 articles on various subjects of civil litigation.

Mr. Herman has been a lecturer at numerous Continuing Legal Education programs on topics such as land-use regulation powers, the law of damages, witness preparation, legal aspects of drug testing, and ethical considerations in civil litigation and appellate practice. He now serves as general counsel to the Town of Carrboro and the Cities of Roxboro and Trinity. He has served as special litigation counsel for Cabarrus County, Randolph County, Chatham County, the City of Concord, the City of Wilmington, and the Town of Garner. His practice is otherwise primarily devoted to litigation and appeals involving areas such as county and municipal defense, zoning issues, land use regulation, condemnation cases, nuisance abatement, employment law issues, business litigation and personal injury.

Robert E. Hornik, Jr.

Robert HornikRobert E. Hornik, Jr. received his Bachelor of Arts degree, with honors, in Political Science from LeMoyne College in Syracuse, New York in 1981. He received his law degree from The Washington & Lee University School of Law in Lexington, Virginia, in 1984. Thereafter, he was admitted to practice in New York, where he engaged in the private practice of law in Syracuse, New York from 1984 through September 1998.

Mr. Hornik’s practice emphasizes municipal law, zoning and land use law and litigation. He joined the Firm in October 1998 after 14 years of private practice in Syracuse, New York, where he also represented local governments and real estate developers. Mr. Hornik serves as general counsel to the Towns of Hillsborough, Hoffman, Pinebluff, and Stem, and supports others in the Firm in their capacities as counsel for the Firm’s other municipal clients. Mr. Hornik has represented and advised municipalities in New York and North Carolina on issues including local finance, employment, annexation, zoning, planning and environmental law, and private developers in administrative and judicial proceedings at the State and Federal levels.

Mr. Hornik’s experience includes extensive litigation experience in municipal land use and annexation matters in trial and appellate courts, including the North Carolina Supreme Court and the United States Supreme Court. He has also counseled clients in various commercial real estate transactions, including site acquisition, leasing and financing of multi-million dollar commercial, retail and office ventures, and large scale residential subdivisions. Mr. Hornik’s practice has included representation of several regional and national wireless telecommunication providers in the site acquisition and permitting processes for wireless telecommunications facilities, including State and Federal court actions brought under the Telecommunications Act of 1996.

Mr. Hornik is admitted to practice in North Carolina (1997) and New York (1985). He is also admitted to practice in the federal courts in the Northern and Western Districts of New York, in the Eastern, Middle and Western Districts of North Carolina, in the United States Circuit Court for the Fourth Circuit, and in the United States Supreme Court. He is a member of the North Carolina, New York and American Bar Associations. Mr. Hornik is active in the North Carolina Bar Association’s Zoning, Planning and Land Use Section, having served as a member of the Section’s first Section Council. He served two terms as Chairman of the Section’s Continuing Legal Education Committee, and has presented continuing legal education programs for municipal attorneys and newly admitted attorneys on several occasions.

T.C. Morphis, Jr.

TC MorphisT.C. Morphis grew up in Hickory, North Carolina. He received a Bachelor of Arts in Philosophy and History from UNC-Chapel Hill in 1997 and both a Law Degree and a Master’s Degree in City and Regional Planning from UNC-Chapel Hill in 2002.

Mr. Morphis has been with the Brough Law Firm, PLLC since the fall of 2002. His primary practice areas include municipal, zoning, land use, environmental and coastal area management law. He provides general legal counsel for the City of Hamlet and the Towns of Aberdeen, Carthage, Hope Mills, Robbins and Vass. He also works extensively with the Towns of Carrboro, Hillsborough and Pinebluff, and regularly represents citizen groups and other private clients in land use litigation throughout North Carolina. Mr. Morphis has experience at all stages of litigation, from quasi-judicial hearings before local boards to trial court work and appellate advocacy before the North Carolina Court of Appeal and North Carolina Supreme Court.

While in law school, Mr. Morphis worked as an intern with the Conservation Trust for North Carolina; as a regional planning intern with the Triangle J Council of Governments; as a clerk with the City Attorney’s office in Charlotte, North Carolina; as an extern for the Honorable Judge Linda McGee of the North Carolina Court of Appeals; and as a co-instructor for a course in cultural diversity at UNC-Chapel Hill. Mr. Morphis’ Masters Project compared land trusts and resource conservation efforts in North Carolina with forest conservation in India, and he was a recipient of a U.S. Department of Education Foreign Language Area Studies scholarship for the study of Hindi and Urdu in 2000. Mr. Morphis received the Gressman-Pollitt Award for Oral Advocacy in 1999, won the Best Overall award in the UNC Environmental Negotiation Competition in 1999, and was a finalist in the Merhige National Environmental Negotiation Competition in 2002.

Mr. Morphis is admitted to practice in the State courts in North Carolina and in the United States District Court, Middle District of North Carolina. Mr. Morphis is a member of the North Carolina Bar Association and currently serves as Secretary for the North Carolina Bar Association’s Zoning, Planning and Land Use Section Council. He has previously served as the Treasurer of the Zoning, Planning and Land Use Law Section and as the Co-Editor of the North Carolina Bar Association’s Land Use Law Quarterly. He also previously served on the Triangle Land Conservancy’s Land Protection Committee and as the Chairman of the Advisory Committee to the City of Durham’s Community and Family Life Center at Lyon Park.

Albert M. Benshoff

Albert M. Benshoff moved from his family’s home in central Pennsylvania to Michigan, where he graduated from the University of Michigan with a Bachelor of Science in Natural Resources in 1976. He briefly worked as a contractor for the U.S. Department of the Interior, Bureau of Outdoor Recreation (now the National Park Service) before working in environmental compliance for National Steel Corp. In 1982, he received a Master’s in Regional Planning from the University of Michigan.

For the next 12 years he worked as a planner, first for the Beaufort County, S.C. Planning Commission, then beginning in 1985 for Cary, N.C. where he was in charge of the adoption of the first Unified Development Ordinance, the construction of the first five miles of greenway and several comprehensive plans. While working in Cary, he attended the evening law program at N.C. Central University, in Durham, NC.

Mr. Benshoff was licensed as an attorney in 1994. After that he became the City Attorney for Lumberton, N.C. until 2003 when he became the Concord, N.C. City Attorney. Some of his accomplishments in Concord include litigating a zoning challenge to the new Cabarrus County jail, the 2005 edition of the Concord Development Ordinance, obtaining and defending the Inter-basin Transfer Permits from the Yadkin and Catawba Rivers to Concord and Kannapolis, the redevelopment of “Brownfield” sites, community development and the construction of the joint Albemarle-Concord- Kannapolis water pipeline. Mr. Benshoff retired from the City of Concord in 2014.

Today, Mr. Benshoff provides general legal counsel to the Town of Oakboro and has worked with other local government clients, including the Towns of Aberdeen, Carthage, Hamlet, Holly Springs, Hope Mills, Pinebluff, Robbins, the Lumberton Convention and Visitors Bureau, the City of Trinity and the Village of Pinehurst. Mr. Benshoff practices in the areas of real estate development, contracts, economic development, annexation, land use and zoning, eminent domain, housing authorities, code enforcement and community development, including US Housing and Urban Development programs.

Mr. Benshoff is licensed in the North Carolina state courts and U.S. District Courts of the Eastern, Middle and Western Districts of North Carolina, as well as the U.S. Fourth Circuit Court of Appeals. He is a member of the American and North Carolina Bar Associations, where he serves as co-chair of the legislative section of the Zoning, Planning and Land Use section. He also serves on the Board of Directors of two non-profit corporations located in Cabarrus County providing housing to low income seniors.

Michael B. Brough (Retired)

Michael Brough

Michael B. Brough received his Bachelor of Arts degree, with highest honors, from Georgetown University in Washington, D.C. in 1969. He received his law degree, with honors, from the University of Michigan Law School in 1973, and holds a Master's Degree in Public Administration from the Maxwell School of Citizenship and Public Affairs at Syracuse University, where he was a Governor Herbert H. Lehman Fellow.

Mr. Brough founded The Brough Law Firm in 1988. Before that, he practiced as a sole practitioner, then as a partner in Faison, Brown, Fletcher & Brough, and served as President of Adjunct Services, Inc., a firm providing ordinance codification and legal research services to local governments. He has held a variety of teaching positions, including Assistant Professor of Public Law and Government at the Institute of Government, University of North Carolina at Chapel Hill (1974-1976); Adjunct Assistant Professor of Law & Administration, UNC-CH (1978-1979); and Visiting Lecturer, University of North Carolina School of Law (1979-1980, and 1991). At these institutions, and at numerous Continuing Legal Education programs, he has taught courses in state and local government law and land use law.

Mr. Brough is the author of two books: Selected Major Issues in North Carolina Zoning and Land Use Law (1986), and A Unified Development Ordinance (American Planning Association 1985). He has also authored three monographs: The Zoning Board of Adjustment in North Carolina (with Philip P. Green, Jr.) (Institute of Government 1984), Preparing Ordinances Regulating Mobile Homes and Mobile Home Parks in North Carolina: A Guidebook (Institute of Government 1976), and The Nonconforming Use in North Carolina Zoning Law: Text and Model Ordinance (Institute of Government 1976). In addition, he has written over twelve articles on various topics of land use law, including litigation and appeal issues, obtaining development permission under local ordinances, local government liability for unlawful land use decisions, issues involving local watershed protection programs, and issues related to vested rights and takings law.

Prior to his retirement, Mr. Brough served as general counsel for the Town of Carrboro, Foxfire Village, the Village of Whispering Pines, the Town of Pinebluff and the Town of Cameron, and he regularly consulted with other cities and counties, developers, and citizen groups around the State. He has argued numerous cases in the North Carolina Supreme Court, North Carolina Court of Appeals, and the United States Court of Appeals for the Fourth Circuit, and was a Certified Mediator in North Carolina.