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Home / Courts / N.C. Court of Appeals Unpublished / Zoning – Standing – Asphalt Plant – Neighbors – Special Damages

Zoning – Standing – Asphalt Plant – Neighbors – Special Damages

Petitioners’ only admissible evidence of special damages was their own testimony that their property would suffer a diminution in value if the Hampton respondents’ asphalt plant were allowed to operate; consequently, petitioners lack standing to seek review of the superior court’s order affirming county’s decision to allow the plant to operate.

Petitioners’ appeal is dismissed.

Petitioners also presented the testimony of Louis Zeller, the executive director of the Blue Ridge Environmental Defense League, that property values were negatively affected by nearby asphalt plants. However, G.S. § 160A-393(k)(3) prohibits opinion testimony by lay witnesses as to how the “use of property in a particular way would affect the value of other property.” Since Zeller was a lay witness, his opinion testimony was inadmissible.

Henion v. County of Watauga (Lawyers Weekly No. 012-125-18, 8 pp.) (Philip Berger, J.) Appealed from Watauga County Superior Court (John Craig, J.) James Whitlock for petitioners; David Pokela, Kip Nelson and Thomas Terrell for respondents. N.C. App. Unpub.

 


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