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Originally published: 2013-10-21 11:28:02
Last modified: 2013-10-21 11:28:47

Concrete plant's lawsuit against Boone falters

by Anna Oakes

A lawsuit against the town of Boone over a concrete plant is floundering in court more than seven months after it was filed.

The Boone Board of Adjustment voted Jan. 10 to uphold the town's notice of violation issued in March 2012 to Delta Holdings LLC, former lessee of the Boone Ready-Mix concrete plant at 110 Seven Oaks Road, for continued operation of a nonconforming situation after loss of a grandfathered use.

The ruling precludes Delta Holdings LLC from continuing to operate a concrete plant at the site, which is located in the town's extraterritorial jurisdiction.

Attorney Nathan Miller -- the chairman of the county commissioners -- appealed to the Watauga County Superior Court in February, but the town removed the case to U.S. District Court in March. Miller's request to remand the case back to the Superior Court was denied.

Miller withdrew as the attorney for Delta Holdings in July after Delta Holdings member manager Danny Cecile conveyed his interest in the project to Michael Perry, owner of Boone Ready-Mix.

On Sept. 20, the court placed Delta Holdings in default for not securing alternative counsel in the time allowed. No actions have been filed in the case since then. The U.S. District Court was among the agencies affected by the federal government shutdown that began Oct. 1 and ended last week.