The zoning board of appeals on Dec. 14 dismissed an appeal contesting the issuance of a building permit to the owner of Harwood Home for Funerals.
The board was presented with an appeal from Black Mountain resident Susan Leive, who asked the town’s quasi-judicial administrative board to reconsider the permit granted on Aug. 25.
In the citizen complaint she filed with the town Oct. 3, Leive questioned why the permit was issued by zoning administrator Jennifer Tipton, who responded to the inquiry the following day. In her response, Tipton listed seven points for granting zoning approval in February.
The building permit, however, was issued by Black Mountain building inspector Dan Cordell, making the appeal moot, according to the town’s motion to dismiss filed on Dec. 13.
In a document signed by Tipton, the town listed 16 other reasons why Leive’s appeal should be dismissed. The final point contended that Leive did not have standing to appeal the decision, citing a state statute that addresses an appellant’s standing on an issue.
The five-person zoning board of adjustments was presented with the motion to dismiss the appeal, according to Tipton.
“Once we did that, (Leive) came up and presented her case for standing,” Tipton continued. “The board found that she did not have standing in the case.”
After finding that Leive did not have standing, the board voted to dismiss the appeal based on the town’s motion.