Appeals

Superior Court Decision:

Board of Adjustment Permit Decision Reversed

In September 2023 the Superior Court of Buncombe County released the written decision by Judge Peter Knight, concluding that:

1) the process violated constitutional rights, because it lacked an impartial decision-maker,

2) the MRA presented testimony that was not competent nor trustworthy; it was an error in law for the BoA to include in its deliberations,

3) the BoA's decision "was not supported by competent, material, and substantial evidence."

Judge Knight also notes that the Zoning Ordinance does not allow another principal building to be constructed on the proposed lot.  Even if they could overcome the above quite significant problems, the law clearly prohibits construction of a new lodge or hotel in the place where the three historic lodges now stand.

Special Use Permit Granted; Appeal to Superior Court Announced

In July 2021 the MRA submitted to Montreat's Board of Adjustment a request for a Special Use Permit to build the proposed hotel. The permit hearing lasted for about 50 hours over eight sessions, beginning on October 21, 2021 and coming to an end on January 6, 2022, when the Board voted to grant the permit.

The Board's perfunctory, two-hour deliberation did not do justice to the prior hours of the hearing; they failed to consider the ample evidence that opposing lawyers presented or make the findings of fact that the law requires. Now, the MRA has the zoning permit they need to go forward with demolition and construction.  This would have terrible repercussions for Montreat, changing the town and its environment in ways that could not be undone: a polluted creek, loss of 60 mature trees, demolition of three historic structures, damage to neighboring homes. All of this was shown plainly in the hearing.

On April 1, 2022, opponents to the proposed hotel announced that they will be appealing to the Superior Court to overturn the Board's decision to grant the permit.  On April 22, 2022, a legal Petition for Writ of Certiorari was filed in the Superior Court of Buncombe County by attorneys for the opposition.  On January 6, 2023, the Brief in Support of Petition for Writ of Certiorari, outlining our argument for overturning the decision, was filed in Superior Court. On May 3, 2023, the appeal was argued before the Superior Court, and the judge's decision is expected by the end of May.

To read summaries of each Board of Adjustment hearing session in the Black Mountain News, look at the Voices So Far. To watch recordings of the sessions and read more about the process, go to our Permit Hearing page.