By Jesse Wood
June 4, 2014. Regarding the drawn-out case over a special use permit for a proposed medical clinic by Templeton Properties off of State Farm Road, the N.C. Court of Appeals ruled in favor of the Town of Boone.
Filed on Tuesday, the N.C. Court of Appeals unanimously reversed Judge Shannon R. Joseph’s August ruling in Watauga County Superior Court that sided with Templeton Properties.
In August, Joseph reversed the Town of Boone’s Board of Adjustment decision that denied Templeton Properties the special use permit on multiple occasions – with the first time being in May 2007. Now, the N.C. Supreme Court of Appeals has overturned the Watauga County Superior Court for a third time as well.
The 2.9-acre parcel in question is zoned single-family residential and has historically been used as a church under a special use permit, according to history of the case in the opinion filed on Tuesday.
Under the Town of Boone’s then-existing unified development ordinance, medical clinics over 10,000 square feet were allowed in areas zoned as single-family residential with a valid special use permit.
The Boone Board of Adjustment has ruled in the past that the medical clinic would not be in harmony with the surrounding area and would not be compatible with the town’s comprehensive plan, which under the UDO are valid basis points for denial of a special use permit.
N.C. Court of Appeals Judge Robert N. Hunter Jr. authored the opinion, concurrently with Judges Donna S. Stroud and Chris Dillon.
Read the entire opinion here.
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