The legal fight over a modernist home in Raleigh’s Oakwood neighborhood appears to be over after the state Supreme Court rejected a request to enter the fray.
The home that architect Louis Cherry and Marsha Gordon built on Euclid Street has attracted national headlines and been the subject of much legal jousting.
Because their lot is in a city historic district, the pair had to present their design to the Raleigh Historic Development Commission, which approved their plans. That plan was then rejected by the city’s Board of Adjustment after Gail Wiesner, a neighbor, contended the modernist home did not fit the design rules for the Oakwood Historic District.
In February, a three-judge state appeals court panel agreed with a lower court ruling, which found 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, who had to stop construction after the Board of Adjustment ruling, finished building the home following a favorable ruling from a Wake County Superior Court judge in 2014.
▪ State Sen. Tamara Barringer will speak to the Republican Women of Cary and Southwestern Wake on Thursday, Sept. 1, at Prestonwood Country Club in Cary. Social begins at 11:30 a.m.; lunch for $20 is at noon. RSVP to email@example.com. rwcsw.org
Compiled by Anne Blythe
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