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The original item was published from 10/16/2018 11:31:00 AM to 11/2/2018 10:11:42 AM.

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Posted on: October 16, 2018

[ARCHIVED] County issues statement on cases involving Southeast Property Group

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There are currently four related appeals of Orange County Board of Adjustment decisions regarding the Barn of Chapel Hill pending before the Orange County Superior Court (In the matter of Southeast Property Group, LLC, et. al. vs. Orange County Board of Adjustment, et. al.). All are based on related issues and facts. It is our belief that these issues cannot be fully and finally resolved without a decision by the Court. Given the number of related cases, a related action still pending before the Board of Adjustment, and the continuing friction between the operations of the facility and the adjoining neighbors likely to result in additional, similar appeals to the Board of Adjustment, it is clear to the Board of County Commissioners a speedy and final resolution is in the best interest of everyone involved. Continuing in this piecemeal fashion creates an ongoing burden to the neighboring property owners, the owners of The Barn, Orange County taxpayers, and Orange County staff, and only exacerbates community tensions and frustration.   

In an effort to hopefully resolve these issues, the Board of County Commissioners instructed the County Attorney to pursue an expedited hearing in these matters and seek a decision by the Court as quickly as possible. Pursuant to this instruction the County Attorney, immediately following the fourth and most recent appeal of a Board of Adjustment decision, filed a motion to consolidate the cases and a motion to calendar the cases for expedited hearing. The Board of Commissioners also instructed the Orange County Manager to direct planning staff to use their discretion in regards to any and all further Unified Development Ordinance enforcement activities on the subject property related to these cases and similar issues beyond necessary inspections and investigations to avoid additional appeals to the Board of Adjustment until the conclusion of the cases currently pending before the Court. Our goal, which we believe is in the best interest of the entire community, is to quickly and effectively bring this matter to the necessary ultimate judicial determination.

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