Petitioners' Brief in Support of Petition for Writ of Certiorari 

Filed in Superior Court of Buncombe County

 Jan 6, 2023

Petitioners' Brief in Support of Petition for Writ of Cert - Montreat - Jan 6 2023.PDF

Special Use Permit Granted; Appeal to Superior Court Announced

In July 2021 the MRA submitted to Montreat's Board of Adjustment a request for a Special Use Permit to build the proposed hotel. The permit hearing lasted for about 50 hours over eight sessions, beginning on October 21, 2021 and coming to an end on January 6, 2022, when the Board voted to grant the permit.

The Board's perfunctory, two-hour deliberation did not do justice to the prior hours of the hearing; they failed to consider the ample evidence that opposing lawyers presented or make the findings of fact that the law requires. Now, the MRA has the zoning permit they need to go forward with demolition and construction.  This would have terrible repercussions for Montreat, changing the town and its environment in ways that could not be undone: a polluted creek, loss of 60 mature trees, demolition of three historic structures, damage to neighboring homes. All of this was shown plainly in the hearing.

On April 1, 2022, opponents to the proposed hotel announced that they will be appealing to the Superior Court to overturn the Board's decision to grant the permit.  On April 22, 2022, a legal Petition for Writ of Certiorari was filed in the Superior Court of Buncombe County by attorneys for the opposition.  On January 6, 2023, the Brief in Support of Petition for Writ of Certiorari, outlining our argument for overturning the decision, was filed in Superior Court. On May 3, 2023, the appeal was argued before the Superior Court, and the judge's decision is expected by the end of May.

To read summaries of each Board of Adjustment hearing session in the Black Mountain News, look at the Voices So Far. To watch recordings of the sessions and read more about the process, go to our Permit Hearing page.

Petition for Writ of Certiorari filed in the Superior Court of Buncombe County 

April 22, 2022

Petition for Writ of Certiorari 4.21.22.pdf

Writ of Certiorari

April 22, 2022

2022-4-22 Writ of Certiorari.pdf

Announcement of Appeal of the Board of Adjustment Decision 

April 1, 2022

Statement of Appeal of the Montreat BoA Decision - April 1 2022.pdf

Statement on the appeal of the Zoning Administrator's interpretation of "principal" and "accessory" buildings

January 12, 2022

Statement by the Montreat Stewards on Appeal to Town - 1-12-22.pdf