Superior Court Judge Elaine Bushfan signed her ruling in favor of the controversial modernist Oakwood house on Monday.
Bushfan announced her decision last week in the case, which had left the fate of Louis Cherry and Marsha Gordon’s home in limbo. With the ruling official, opponent Gail Wiesner – who lives across the street – now has 30 days to appeal to the N.C. Court of Appeals.
The ruling says Wiesner didn’t have legal grounds to fight the house, which was initially approved by the Raleigh Historic Development Commission nearly a year ago. Bushfan writes that Wiesner couldn’t prove she would “suffer an immediate or threatened injury distinct from the general community.”
Bushfan also determined that the city’s Board of Adjustment overstepped its authority when it yanked approvals for the modernist house.
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“The Board of Adjustment improperly reweighed the evidence and substituted its own judgment for that of the Raleigh Historic Development Commission,” she wrote.
The ruling will allow construction to resume on the house, which is nearly complete. But Wiesner has already said she plans to file an appeal, prolonging the legal battle that has divided the historic Oakwood neighborhood.