Serving Boone, Blowing Rock, Banner Elk, and other towns of the North Carolina High Country | Founded 05-05-05

July 24, 2008 issue


Town of Boone To Appeal Templeton Decision


Story by Kathleen McFadden

On Tuesday, the Town of Boone issued a press release announcing the town council’s intention to appeal Judge Ronald Payne’s decision that the Boone Board of Adjustment erred in denying a special use permit to local businessman Phil Templeton to convert a church on State Farm Road into a medical clinic.
The text of the press release follows:

“On July 3, 2008, Superior Court Judge Ronald K. Payne issued an order reversing a decision of the Town of Boone’s Board of Adjustment that had denied Templeton Properties’ application for a Special Use Permit to construct a medical clinic on State Farm Road. The order directed the Board of Adjustment to issue a Special Use Permit to Templeton Properties allowing the clinic’s construction. Judge Payne’s order contends that the Board of Adjustment made errors of law, acted arbitrarily and capriciously, and had not based their decision upon sufficient evidence.

“The Town of Boone and its Board of Adjustment believe that the two-day quasi-judicial hearing that the Board held on April 5, 2007 and May 1, 2007 was without error and substantially complied with the procedures specified in both North Carolina law and the Town’s Unified Development Ordinance. Further, the Town and its Board of Adjustment also believe that competent, material, and substantial evidence supported the Board’s determination that the proposed 10,010 square-foot medical clinic (complete with 23 light poles, 4 parking lots, and 67 parking spaces) would not be in harmony with the surrounding residential neighborhood of single family homes and that the clinic would violate the Town’s comprehensive plan.

“Therefore, the Town of Boone and its Board of Adjustment are compelled to appeal the Superior Court’s decision and to seek further review before the North Carolina Court of Appeals. The Town looks forward to the Court of Appeals’ review of the evidence and its independent determination of whether the Board’s decision was proper.

“The Town and the Board intend to begin the appeal process this week.”