Owner of nearly completed home, challenged as too modern, wins in court
Photo courtesy of Louis Cherry.
An architect who built a modern home in a historic North Carolina neighborhood may be able to wrap up construction and move in as a result of a judge’s decision last week.
Judge Elaine Bushfan told lawyers by email that a neighbor did not have standing to challenge a decision by the Raleigh Historic Development Commission, the Raleigh News & Observer reports. The commission had approved the home built by architect Louis Cherry, but Raleigh’s Board of Adjustment voted to overturn approval when the neighbor appealed.
Even if the neighbor did have standing, Bushfan said, the Board of Adjustment used the wrong standard of review and reweighed the evidence.
The home is about 85 percent finished, according to prior news coverage. The neighbor, Gail Wiesner, has previously said she would appeal if the judge rules against her.
Cherry and his wife, Marsha Gordon, said they didn’t know about the risk of going forward with construction until after they poured a foundation and spent $100,000 on building materials, the News & Observer says. They continued with construction even as Wiesner appealed to the Board of Adjustment. Construction was halted when the Board of Adjustment ruled against Cherry and Gordon.
Cherry describes the home as referencing the craftsman style, while Wiesner contended it didn’t fit in with the neighborhood and didn’t comply with state and city standards.
