Monday - Mar 25, 2019

Information regarding Item D on City Council’s Jan. 8 Consent Agenda

Courtroom detail with a gavel and scales of justice in the background



  • On February 14, 2017, City Council voted not to approve a Conditional Use Permit (CUP) for a proposed eight-story, 178,412-square-foot Embassy Suites at 192 Haywood Road, site of the former Buncombe County Sheriff’s Department.
  • The developer, PHG Asheville LLC, sued the city, seeking to overturn the city’s denial of its CUP application.
  • The trial court held that the City must issue the CUP permit.
  • The City appealed that decision.
  • On November 6, 2018, the NC Court of Appeals upheld the Superior Court decision that the City of Asheville must issue a conditional use permit to PHG Asheville LLC.
  • The City has petitioned for the matter to be heard by the N.C. Supreme Court.
    While the City’s petition is pending, the City and PHG have agreed to place the conditional use permit (CUP) for this project with the Buncombe County Clerk’s Office. It will remain there while the Supreme Court considers the City’s petition.
  • At their January 8 meeting, City Council approved a resolution placing the CUP with the Buncombe County Clerk’s Office.


RELATED DOCUMENT: Consent D – Issue CUP for 192 Haywood St

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