Cell tower decision delayed
Sam Calhoun / (email@example.com)
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.
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