Montreat Retreat Association files appeal in lodge case; town will not appeal

The Mountain Retreat Association will be appealing the Buncombe County Superior Court’s decision to overturn the granting of a special use permit by the town of Montreat.

The permit was granted by the town’s Board of Adjustment for the MRA to build a new lodge situated between Assembly Drive and Georgia Terrace.

Montreat Town Manager Savannah Parrish said the town will not file an appeal. The Board of Adjustment did not mention the permit or case during its Oct. 26 meeting.

In a news release announcing the appeal, the MRA said the “executive committee, acting on behalf of the Board of Directors, made the decision to appeal.” Charlotte firm Robinson Bradshaw will act as lead counsel for the appeal process.

MRA President Richard DuBose said in the news release that a variety of factors were considered when deciding to file for the appeal.

“Most pressing, of course, is the conference center's need for this new lodge in the service of our mission and ministry,” DuBose said.

Priscilla Hayner, a member of one of the families who has property directly adjacent to the proposed lodge and rallied against it, said in an emailed statement to Black Mountain News ther the opposition will “robustly defend our position in the Court of Appeals.” She said they are “confident” the decision by the Buncombe County Superior Court will be upheld and show that the MRA “lacked the basis for a permit in law, in substance and in violation of due process.”

Hayner said she and the other members of the opposition are “very disappointed” in the decision to appeal.

“We are not against construction or the MRA expanding and improving its housing,” Hayner said. “Rather, we are against the polluting of Flat Creek, the unnecessary cutting down of 60 mature trees, the documented danger to children in Robert Lake Park and the replacing of historical buildings with a large modern hotel entirely out of proportion with the very character of Montreat.”

In the MRA’s news release, DuBose said the decision to appeal was made without input from town officials.

“We believe that the implications of the judge’s order hold high importance for future governance in Montreat, but the town considers other factors,” DuBose said. “Many municipal councils and mayors don’t go as far in defense of their decisions as Montreat already has and we’re grateful for the town’s support.”

In a statement in the weekly Montreat Minute newsletter, the town said its decision not to appeal will minimize resources, both "human and financial" needed for the appeal. The statement said the mayor and commissioners "stand solidly behind" the Board of Adjustment's decision.

“The residents who serve on the Board of Adjustment are of the highest caliber and should not have been subjected to the harsh decision from the court,” Mayor Tim Helms said in the statement. “Judge Knight’s opinion that because they had donated monies to MRA in the past they made a biased decision is unrealistic and untrue. In a small town like Montreat, it would be extremely difficult to find a group of people who have not supported MRA in some manner."

Helms said in the statement the town respects the MRA's decision to appeal, but "does not feel it prudent to continue using taxpayer funds" to pursue the case further.

Hayner said the town’s decision not to appeal is “a correct decision.”

“The town government should represent all taxpayers and take into account all of the varied views in Montreat rather than representing the interest only of those who wish to see a very large new development in Montreat,” Hayner said.

More: MRA lodge: Timeline of events leading to its rejection in court. What's next?

After a May hearing, Buncombe County Superior Court Judge Peter Knight released a written decision in September, overturning the Board of Adjustment’s January 2022 approval of the special use permit.

Knight wrote that some board members had direct ties to the MRA due to financial contributions made to the organization and therefore violated due process rights.

The permit was initially granted in January 2022 after nearly 50 hours of hearings.

In January 2023, the Hayner and Jones families filed a brief with the Buncombe County Superior Court and said the lodge would negatively impact their property.

Hayner said she and the other opponents to the lodge are open to speaking with the MRA about other options.

“We remain keen to have a conversation with the MRA on the many possible options that might allow them to move forward with adjusted plans, rather than following narrowly down a long and combative legal road that is fixed on their one original design,” Hayner said. “Let’s come together as a community. That is our call.”

Karrigan Monk is the Swannanoa Valley communities reporter for Black Mountain News, part of the USA TODAY Network. Reach her at kmonk@blackmountainnews.com.

This article originally appeared on Asheville Citizen Times: Montreat Retreat Association appeals lodge case; town will not appeal