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Carrboro loses Barnes Street case

Posted on January 21, 2010 by Staff

CARRBORO — Northwest Property Group, which wants to build a shopping center at the intersection of Jones Ferry Road and Barnes Street, has won an appeal in its case against the Town of Carrboro.

In September 2007, the developer sued after the town approved its development but limited access to Barnes Street to emergency vehicles due to concerns about safety at the intersection. In a suit heard in April 2009, Northwest argued that the town’s condition, which effectively killed the project, was not backed up by a finding of fact on the traffic and safety concerns.

The board of aldermen had sided with residents on Barnes Street and the adjacent neighborhood who said the intersection was already unsafe and a store entrance and exit would make it even more so.

In a 2-1 decision handed down in late December, the state Court of Appeals ruled that the trial court had erred in finding in favor of the town. In its 48-page ruling, the court said the town had not presented sufficient facts to back up its case that the intersection would be unsafe.

Town officials, who declined to comment because the case involves pending litigation, are expected to discuss next steps in the case in the next few weeks. The town could appeal the decision to the North Carolina Supreme Court.

— From Staff Reports

2 thoughts on “Carrboro loses Barnes Street case”

  1. Steve Peck says:
    January 21, 2010 at 1:54 pm

    Carrboro citizens beware: this decision could show the way to other developers who have had projects killed by safety concerns. The court was nort convinced on traffic and safety concerns. Legal representation for Carrboro will no doubt review their arguments on behalf of the town. Can anyone detail why those arguments failed? What is the criteria for refusal on safety concerns? I think it could be a judgement call that will often be questioned or overturned in court.

  2. Ben Davis says:
    January 23, 2010 at 12:36 pm

    Here we go again….
    Rally the troops – call HT HQ – if you live on this street or travel Jones Ferry Road – you know this IS a safety hazard and we don’t need a generic strip mall as an answer to our tax issues. Keep Carrboro, Carrboro. Thanks Citizen for the reporting.

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