Legal Opinion

PHG Asheville, LLC v. City of Asheville

Court of Appeals of North Carolina

Decided November 6, 2018No. COA18-251PublishedCited by 7 opinions

1Opinion of the Court

TYSON, Judge.

*82 *233 The City of Asheville ("the City") appeals from an order of the superior court reversing the City's denial of a conditional use permit to PHG Asheville, LLC for the construction of a hotel. We affirm.

I. Background

PHG Asheville, LLC ("Petitioner"), a North Carolina business entity, submitted an application to the City for a conditional use permit ("CUP") on 27 July 2016. Petitioner planned to construct an eight-story, 178,412 square foot Embassy Suites hotel, with 185 rooms and on-site parking structure, to be built upon a 2.05 acre parcel located in downtown Asheville at 192…

2Cases cited20 opinions

  1. In Re the Appeal From the Civil PenaltySupreme Court of North Carolina · 1989
  2. Coastal Ready-Mix Concrete Co. v. Board of CommissionersSupreme Court of North Carolina · 1980
  3. ACT-UP Triangle v. Commission for Health ServicesSupreme Court of North Carolina · 1997
  4. Humble Oil & Refining Co. v. Board of AldermenSupreme Court of North Carolina · 1974
  5. Woodhouse v. Bd. of Com'rs of Town of Nags HeadSupreme Court of North Carolina · 1980

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3Cited by7 opinions

  1. Coates v. Durham Cty.Court of Appeals of North Carolina · 2019
  2. Dellinger v. Lincoln Cty.Court of Appeals of North Carolina · 2019
  3. PHG Asheville, LLC v. City of AshevilleSupreme Court of North Carolina · 2020
  4. PHG Asheville, LLC v. City of AshevilleSupreme Court of North Carolina · 2020
  5. Schooldev E., LLC v. Town of Wake ForestSupreme Court of North Carolina · 2024

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