The judge upheld the county's decision to deny a HILU permit for the proposed asphalt plant to be located in the residential neighborhood near Rainbow Trail.
As quoted in the Watauga Democrat, here's an excerpt from the judge's decision: "'Because the Court has affirmed the BOA’s decision as to Issue I, Issue II and further found that the decision as to Issue II is supported by competent, material and substantial evidence in the record and is not arbitrary and capricious, the decision by the Watauga County Board of Adjustment to deny the petitioner’s application is affirmed,' the order by Judge R. Gregory Horne reads.”
We are pleased to see the decision of the county upheld by Superior Court. This proposed plant was less than 1500 feet from the Gragg Education Center - and very close also to Hardin Park School.
This case shows the need for meaningful protections for the residents of Watauga County from the toxic consequences of high impact development.
For more, here's the Watauga Democrat story: http://bit.ly/2gQhWLM
As a reminder, the 421 Scenic Byway case is still wending its way through the courts. More on that soon.