PHG ASHEVILLE, LLC v. CITY OF ASHEVILLE

No. 434PA18.

839 S.E.2d 755 (2020)

PHG ASHEVILLE, LLC, Petitioner, v. CITY OF ASHEVILLE, Respondent.

Supreme Court of North Carolina.

Filed April 3, 2020.


Attorney(s) appearing for the Case

Fox Rothschild LLP, Greensboro, by Kip D. Nelson and Thomas E. Terrell, Jr. , for petitioner-appellee.

Poyner Spruill LLP, by Andrew H. Erteschik , Chad W. Essick , Raleigh, Nicolas E. Tosco , Colin R. McGrath , Raleigh, and N. Cosmo Zinkow , for respondent-appellant.


The question before us in this case is whether the City of Asheville properly denied an application for the issuance of a conditional use permit submitted by PHG Asheville, LLC, seeking authorization to construct a hotel in downtown Asheville. The trial court and the Court of Appeals both held that the City had improperly concluded...

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