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Originally published: 2013-08-26 14:45:22
Last modified: 2013-08-26 14:50:28

Boone to appeal latest Templeton clinic ruling

by Anna Oakes

Attorneys for Templeton Properties received notice this week of the town of Boone's appeal of an Aug. 5 Superior Court ruling in an ongoing lawsuit over a planned medical clinic.

Anthony Fox and Benjamin Sullivan of the firm Parker, Poe, Adams & Bernstein, attorneys for the town, filed notice of appeal to the North Carolina Court of Appeals on Aug. 23. The town plans to appeal Superior Court Judge Shannon Joseph's reversal of a Boone Board of Adjustment decision to deny a special use permit for a Templeton Properties medical clinic on State Farm Road.

Joseph's ruling was signed Aug. 5 and entered in Watauga County Superior Court Aug. 7, though she shared her decision with attorneys for both parties in early July.

This marks the third time the case has been appealed to the N.C. Court of Appeals. The case, originating in 2007, has twice reached the state appellate court but both times was remanded back to the Board of Adjustment because of procedural errors.

In the latest round, the Board of Adjustment voted in fall 2012 to again deny a special use permit request for a clinic at 315 State Farm Road based on testimony heard in May 2007. Board members stated the development was not in harmony with the adjacent neighborhood and incompatible with the town's Comprehensive Plan, and they cited safety concerns related to traffic congestion.

Joseph ruled that the BOA's findings did not support the conclusion that a medical clinic would be in disharmony with the area. She also said that the board's citation of general policy statements from the town's Comprehensive Plan were insufficient in denying the permit.