WEISHAUPT-SMITH v. TOWN OF BANNER ELK

No. COA18-903.

826 S.E.2d 734 (2019)

Petra WEISHAUPT-SMITH, Petitioner v. TOWN OF BANNER ELK, Town of Banner Elk Board of Adjustment, and American Towers, LLC, Respondents

Court of Appeals of North Carolina.

Filed: March 19, 2019.


Attorney(s) appearing for the Case

Miller & Johnson, PLLC, Boone, by Nathan A. Miller , for petitioner-appellant.

Eggers, Eggers, Eggers & Eggers, PLLC, Boone, by Stacy C. Eggers , IV and Kimberly M. Eggers , for respondent-appellee Town of Banner Elk.

Nexsen Pruet, PLLC, Greensboro, by David S. Pokela , for respondent-appellee American Towers, LLC.


Petra Weishaupt-Smith (Petitioner) appealed from an Order affirming the decision of the Town of Banner Elk Board of Adjustment (the Board) to grant a Variance to American Towers, LLC (American Towers) and issue a Conditional Use Permit to American Towers to construct a telecommunications tower. Upon filing Notice of Appeal, Petitioner...

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