Neighbor didn't have standing to challenge modern house in historic district, appeals court says
A homeowner in a historic district didn’t have standing to challenge design approval of a modern home built across the street, the North Carolina Court of Appeals has ruled.
The appeals court opinion said Gail Wiesner didn’t have standing because she didn’t establish “special damages” that differ from those suffered by other land owners in the Raleigh neighborhood. The Associated Press and the Raleigh News & Observer covered the decision.
“Vague, general allegations that a property use will impair property values in the general area” will not confer standing under the applicable state statute, the appeals court said. “Her arguments are purely aesthetic or are not distinct to her property.”
Wiesner did allege she was subjected to unwanted media attention and increased “gawker” traffic from curious people. But the traffic was generated by media coverage and controversy rather than the home itself, the court said.
The modern home is owned by architect Louis Cherry and his wife, Marsha Gordon. The Raleigh Historic Commission had approved the home, but Raleigh’s Board of Adjustment voted to overturn approval when Wiesner appealed. The appellate ruling affirms a trial judge who reversed the board of adjustment and tossed the case on standing grounds.
A footnote in the appeals court opinion notes that the Cherry and Gordon “elected to proceed with construction of the home despite the pendency of this appeal, understanding the risk that they could be required to demolish it.” Cherry and Gordon began construction of the home after receiving initial approval, even though Wiesner had already filed notice of appeal.
