Скачать или смотреть PHG Asheville, LLC v. City of Asheville (2018) Overview | LSData Case Brief Video Summary

PHG Asheville, LLC applied for a permit to build an eight-story hotel in the Central Business District in Asheville. The City denied the permit, but the superior court overturned the decision. The City required a Level III site plan review and a quasi-judicial hearing for CUP issuance. The City Council denied PHG Asheville, LLC's CUP application, and the Court of Appeals upheld the decision. The court applied de novo review to see if the petitioner presented "competent, material, and substantial" evidence to establish a prima facie case for issuance of a CUP. The expert witness for the petitioner established a prima facie case of harmony with the area under criteria 4, despite the City's argument. The analysis showed that the Project would increase delays caused by traffic at nearby intersections by five percent or less.

PHG Asheville, LLC v. City of Asheville (2018)
Court of Appeals of North Carolina
822 S.E.2d 79, 262 N.C. App. 231

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