Legal Process

The Struggle to Stop the Hotel:  Where It Stands

Since early 2021, the Montreat Conference Center (aka the Mountain Retreat Association, or MRA) has been trying to advance a plan to demolish three historic homes and build a 40,000-sq.-ft. hotel and underground parking garage in the center of Montreat, directly uphill from a stream and children’s playground. In addition to destroying the homes — one of which is the oldest in Montreat — and cutting down sixty mature trees, experts say the proposal would pollute the stream with stormwater runoff.

Upon learning of the plans, neighbors and others who love Montreat spoke out against the hotel, many of us gathering under the name “Montreat Stewards.” We met with the MRA to seek a win-win solution, presenting an alternative proposal for development at the site that would leave the historic buildings intact. Yet the MRA rejected this alternative, closing off discussion as they moved forward with their hotel plan.

In July 2021 the MRA applied for a Special Use Permit, without which the hotel is prohibited under Montreat zoning law. Over eight hearing sessions from October to January, both the MRA and opposing neighbors presented evidence before the Board of Adjustment as to whether the planned hotel meets the requirements for a permit — which include conforming with Montreat’s Comprehensive Plan and not harming public health or welfare. Key testimony against the hotel came from a stormwater expert who spoke about the pollution it would cause, an engineer who highlighted the risk to the foundation of nearby homes, and an architectural historian who explained how the crucial goal of preserving historic structures is clearly laid out in the Town’s Comprehensive Plan.

After roughly 50 hours of hearing, however, the Board of Adjustment deliberated for merely two hours on January 6, 2022 before voting 5-2 to approve the permit. This perfunctory discussion failed to engage with the vast majority of evidence against the hotel or make the findings of fact that the law requires. What’s more, the written order of the Board’s decision starkly misrepresented the contents of their deliberations and improperly sought to alter the requirements of the Town’s ordinance.

For these reasons and more, neighbors who were parties in the hearing appealed the Board’s decision to the Superior Court of Buncombe County. The legal process of gathering information ('discovery') extended through the fall of 2022, and on January 6, 2023 the Brief outlining our arguments for overturning the decision was filed with Superior Court.  The full 28-page brief can be found on the Appeals page.

The Appeal hearing took place on May 3, 2023, and the legal case for revoking the permit was strong. The judge heard arguments from all sides and reached a decision based on the law: to overturn the Board's decision and revoke the Special Use Permit. In September 2023 the judge's 16-page written decision was released, confirming a complete reversal of the Board of Adjustment decision.  The full decision and a summary of key points are available on the Appeals page. 

In October 2023 the MRA announced that it will appeal the Superior Court decision to the North Carolina Board of Appeals.  The Town of Montreat announced that it will not take part in this case.  A decision from the Court of Appeals may take another 12-18 months. In the meantime, the MRA has no permit to build, and no clear path to construct anything new on this site.  

We would like to reiterate: we are keen to speak with the MRA, whenever they are willing, about how we can help them to achieve their stated ends in a way that is in harmony with Montreat and based on consultations with community members.

Background on the Special Use Hearing Process

Summaries of each hearing session were published in the Black Mountain News, available on the Voices So Far page. Video recordings of each of the permit hearing sessions and more about the process are available on our Permit Hearing page.