By North Carolina Judicial Branch
PHG Asheville, LLC v. City of Asheville
Conditional Use Permits; Whether the City of Asheville properly denied a developer's application for a conditional use permit to build a hotel in downtown Asheville; Whether a local government may independently assess an application for a conditional use permit and make findings of fact that support denying that permit when no one offers evidence in opposition to that permit or, alternatively, whether a developer is automatically entitled to the issuance of a conditional use permit when no one presents evidence in opposition to the permit.
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Summary
Conditional Use Permits; Whether the City of Asheville properly denied a developer's application for a conditional use permit to build a hotel in downtown Asheville; Whether a local government may independently assess an application for a conditional use permit and make findings of fact that support denying that permit when no one offers evidence in opposition to that permit or, alternatively, whether a developer is automatically entitled to the issuance of a conditional use permit when no one presents evidence in opposition to the permit.