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A standing-room-only crowd gathered at Banner Elk Town Hall for the Monday, Aug. 19, Banner
Elk Board of Adjustment meeting. Photo by Sam Calhoun

Originally published: 2013-08-21 23:09:11
Last modified: 2013-08-22 16:21:34

Cell tower decision delayed

Sam Calhoun / (

An incorrect 911 address printed on a submitted legal notice in The Avery Journal-Times resulted in an abrupt end to a Banner Elk Board of Adjustment meeting on Monday, Aug. 19.

After two hours of a quasi-judicial forum to discuss the granting of a conditional use permit to American Towers LLC and AT&T to construct a 100-foot monopole cell tower in Banner Elk, the board decided, after a recess, to postpone the meeting — effectively declaring a mistrial — until Sept. 16 so that proper legal protocol could be followed. A legal notice announcing the project ran in the July 4, 11 and 18 editions of The AJT with the 911 address of 1005 Old Turnpike Road, Banner Elk, whereas the correct address for the parcel of property in question is 488 Old Turnpike Road.

“On account of a defective legal notice, I would recommend — out of an abundance of caution — that the board declare a mistrial, as a court could technically reverse our decisions in the future,” said Four Eggers, Banner Elk town attorney.

The board moved to adjourn the meeting, and all parties agreed to begin anew at 6 p.m. on Monday, Sept. 16, the next regular meeting of the board of adjustment. 

To read the complete story, please pick up a copy of your hometown newspaper, The Avery Journal-Times, available at almost 100 locations in Newland, Banner Elk, Crossnore, Spruce Pine and Roan Mountain, Tenn. To subscribe to The Avery Journal-Times, please call (828) 733-0401 or click to