Full Case Name
TEMPLETON PROPERTIES, L.P., Petitioner v. TOWN OF BOONE, Respondent
Description
Landowner applied to the Board of Adjustment for a permit to develop a medical clinic, which was denied based on concerns for the neighborhood. Court found that the landowner should have had a second chance to present evidence, and that the Board must make reviewable findings of fact based solely on the testimony and evidence presented at hearings.
Date
03-06-2012
Court
North Carolina Court of Appeals
Jurisdiction
North Carolina
Plaintiffs
Defendants
Incident Location
Boone, NC
Disputed Act
Landowner applied to the town Board of Adjustment for a special use permit to develop a medical clinic. The Board denied the application based on concerns for the neighborhood, including light pollution from the parking lot.
Holding
The Court found that the landowner did not receive a "fair trial" because, unlike the residents in opposition to the permit, he did not have a second chance to present evidence. The Court held that the Board must make reviewable findings of fact based solely on the testimony and evidence presented at hearings.