Asphalt applicant can appeal ‘no’ vote

By ELIOT DUKE
Of the Record staff
Posted 5/4/21

The Angier Board of Adjustment issued the first decision regarding the future of a proposed asphalt plant many in the community opposed.

A final determination, however, may not be reached for …

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Asphalt applicant can appeal ‘no’ vote

Posted

The Angier Board of Adjustment issued the first decision regarding the future of a proposed asphalt plant many in the community opposed.

A final determination, however, may not be reached for some time.

Residents turned out in force last Tuesday when Angier’s board considered a special use permit request from Brian Raynor for a new asphalt plant on N.C. Highway 210. The quasi-judicial hearing allowed Raynor’s attorney, Tilghman Pope from Dunn, and Raleigh-based lawyer Stephon Bowens to present evidence supporting and opposing the facility, which was projected to create approximately 30 jobs and invest $5 million into the community.

After nearly eight hours of testimony from experts and concerned locals, the board denied the request.  

“Certainly, my client was disappointed in the outcome,” Pope said on Monday. “The decorum of the proceeding was well conducted. All the witnesses were civil and the board was considerate to all interested parties. They conducted a good meeting.”

Angier commissioner and BOA member Loru Boyer Hawley said the applicant failed to meet certain criteria required to grant a special use permit. Several residents felt the asphalt plant would hurt the quality of life for people living in its vicinity. A quasi-judicial hearing required BOA members to make any decisions based solely on the evidence presented at the hearing.

The board’s ruling didn’t close the door on Raynor’s effort to receive the permit. Legally, both sides are entitled to file an appeal after the BOA submits a copy of its ruling in writing.

Pope said once that happens he’ll know more about whether his client wishes to appeal the board’s vote to the North Carolina Court of Appeals, which he would have to do within 30 days of receiving the notice.

“That determination has not been made,” said Pope. “I’m not in a position to evaluate that until I get the written decision. They’ve not given any indication about when they would send it. Sometimes it’s a week, sometimes it’s a month. Every town is different.”

Angier City Manager Gerry Vincent said he expects the notice to be sent out some time this week.

“The town must notify the applicant in writing that the application has been denied,” Vincent said. “Once he receives that letter, the 30 days starts there.”

Should Raynor appeal the ruling, the case would go before a judge and BOA members could be subpoenaed to testify about how they reached their decision.

Eliot Duke can be reached at eduke@mydailyrecord.com or at 910-230-2038. 

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