Town to appeal Templeton case decision

By Melanie Davis

The town of Boone will begin an appeal process this week on the Superior Court’s decision in favor of local developer Phil Templeton.

On July 3, Superior Court Judge Ronald K. Payne reversed a decision made by the Boone Board of Adjustment (BOA) denying a special use permit for the construction of a medical clinic on State Farm Road.

Templeton first presented the proposed medical clinic to be located at 315 State Farm Road in September 2006. After months of hearings, testimony and deliberation, the request for a special-use permit (SUP) was denied.

The property is currently home to an old church building with a paved lighted parking lot. At the time of Templeton’s initial request, the property was zoned single-family residential (R-1).

Under the Unified Development Ordinance (UDO), a medical clinic in excess of 10,000 square feet was a permitted use of R-1 property.

The UDO was modified on April 19, 2007. The amendment did not allow medical clinics in an R-1 zoned neighbor. Templeton’s request for a medical clinic would have been grandfathered, however, due to the filing date of the request having been prior to the amendment.

Hearings continued on April 5 and May 1 of 2007, with the attorney for the town, Sam Furgiuele, present to provide legal advice to the board.

The reversal signed by Payne asserted “the town attorney took an active role in examining and cross examining witnesses that created the impression that he was an advocate for the opponents of the medical clinic.”

Payne’s order also contends that the BOA made errors of law, acted arbitrarily and capriciously, and had not based the decision on evidence presented.

The town of Boone issued a press release Tuesday defending the SUP denial and indicating the town and the BOA will begin an appeal of Payne’s decision within the week.

The statement reads, “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.”

The town of Boone and the BOA stand by their decision that the clinic would not be in harmony with the surrounding residential neighborhood and would violate the town’s comprehensive plan.

The appeal will be heard at the state level before the N.C. Court of Appeals. There is not a time line available yet for those proceedings.

“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 release concluded.