Lawsuit filed against state
Wednesday, August 30th, 2006
By Chris Fitzsimon
Harrison Metzger
Times-News Staff Writer
harrison.metzger@hendersonvillenews.com
Hendersonville voters would not get to decide city building height if developers win a lawsuit they have filed against the state.
Property owner Stuart Rubin and developer Ed Hernando filed the lawsuit in Henderson County District Court last week seeking to nullify state legislation that set a voter referendum on limiting building height at 64 feet.
The lawsuit, which seeks to stop the Nov. 7 referendum, says the Legislature unconstitutionally usurped the city’s authority to make zoning decisions and violated the property rights of the land owner and developer.
The lawsuit names N.C. Attorney General Roy Cooper as defendant, but Henderson County and Hendersonville may also be drawn into the dispute, attorneys said.
State Sen. Tom Apodaca and Rep. Carolyn Justus, authors of the state legislation, are not named, but have been subpoenaed to give depositions. (more…)
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