Oakwood modernist house backed by NC Court of Appeals

Facing a continued challenge from its across-the-street neighbor, the controversial Oakwood modernist house won a victory Tuesday from the N.C. Court of Appeals.

Architect Louis Cherry and Marsha Gordon’s home on Euclid Street attracted national headlines two years ago when a city Board of Adjustment vote resulted in concerns that the owners might have to demolish the house. The Board of Adjustment had sided with neighbor Gail Wiesner, who said the modernist home did not fit the design rules for the Oakwood historic district.

The Court of Appeals agreed with a lower court ruling that Wiesner doesn’t have the legal right to challenge the Cherry-Gordon home’s construction because her objections are “essentially aesthetic.”

“She believes the house does not fit in with the historic neighborhood and is unpleasant for her to see from her home across the street,” Court of Appeals Judge Donna Stroud wrote in her ruling. “Even if she is correct in her assessment of the Cherry-Gordon house’s design, respondent has failed to show that she is an ‘aggrieved party.’”

Cherry and Gordon finished construction on the home following a favorable ruling from a Wake County Superior Court judge in 2014. The couple issued a statement Tuesday thanking their attorneys, neighbors and other supporters in the dispute.

“We think it is a well-reasoned decision that will help protect homeowners like us from being subjected to inappropriate legal challenges,” they said. “Thanks to everyone who helped us get through what has been a long and difficult process. We have lived in our home for over a year now, and truly love being a part of the eclectic Oakwood neighborhood. We look forward to being here for many years to come.”

Cherry, who designed the Cameron Village Library and other local buildings, has said his design references Craftsman-style homes and other aspects of Oakwood. But some neighbors argued that it doesn’t “blend in” with century-old homes, and its side-facing front door and unpainted wood siding create an anomaly in Oakwood.

With permits in hand, Cherry and Gordon began construction while Wiesner took her case to the Board of Adjustment. The homeowners say they only learned about the risks of building after they poured a foundation and spent $100,000 on building materials.

In February, the Board of Adjustment overturned the approval, effectively halting construction. Board members said the historic commission ignored its own guidelines and would seem to allow any design in Oakwood.

Before the Superior Court ruling allowed construction to continue, the controversy made headlines around the world in The New York Times, The London Daily Mail and NBC’s “Today” show.

Two other Court of Appeals judges on the panel that heard the case, Judges Ann Marie Calabria and Doug McCullough, concurred with Stroud’s ruling. The unanimous decision means the N.C. Supreme Court doesn’t have to take up the case if Wiesner appeals again.

This story was originally published February 16, 2016 at 11:33 AM with the headline "Oakwood modernist house backed by NC Court of Appeals."