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Judge will rule in favor of Oakwood homeowners' modern design

Posted September 11, 2014

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— Superior Court Judge Elaine Bushfan notified attorneys in a neighborhood dispute Wednesday that she plans to rule in favor of homeowners and the modern design of their Oakwood home.

Others in the historic neighborhood claim the house will clash and sought an injunction to stop the plans from going forward.

Marsha Gordon and Louis Cherry were granted necessary permits to build the contemporary house at 516 Euclid St., including a certificate of appropriateness from the Raleigh Historic Development Commission.

Neighbors argued that the house doesn't fit with the character of Oakwood, and they filed a complaint over it. That led the city's Board of Adjustment to reverse the certificate, which suspended construction on the home.

City officials, along with Gordon and Cherry, in March appealed the Board of Adjustment decision to Superior Court.

"We hope that this legal battle is behind us," Gordon and Cherry said Thursday afternoon. "We now have the opportunity to focus on the things that make Oakwood the dynamic, diverse, and wonderful neighborhood that it is."

Attorneys on both sides have said that no matter which way Bushfan rules, they would appeal any loss.

Gail Wiesner, the neighbor who lodged the complaint, said she also plans to appeal.

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  • GK N.Ral Sep 12, 2014

    What is wrong with our government? I refer to all levels of government. You follow the rules and regulations. You follow the law and apply for all the necessary permits. And YOU END UP IN COURT!!! Because one whiney woman with no life hires a lawyer. Wrong, wrong, wrong.

  • A person Sep 12, 2014

    I like it more than any other house in that neighborhood. The rest just seem so worn out and unkept

  • archmaker Sep 12, 2014

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    the lady that brought on the lawsuit is not "a lib that thinks it should be her way or no way." NC Board of Elections shows that she is a Republican and chooses the Republican ballot in primaries.

    And the only nice thing that can be said about her is that she's got a better view across the street than the Cherry's do. I really wish you could find one news story that shows a picture of her house! It is also new and also does not fit in the neighborhood.

  • jwbmom1965 Sep 12, 2014

    Gail Weener needs to just move to a country club or something. Cry baby.

  • bcbunn1968 Sep 12, 2014

    What here defines "historic"? It isn't any particular style of home because Oakwood contains many different styles from different time periods. From historicoakwood.org all these styles are listed...Mid-Victorian Vernacular, Mid-Victorian High Styles, Queen Anne, Neoclassical Revival, and Craftsman. Now in simple "historical" terms, Frank Lloyd Wright was designing houses in the late 1800's thru mid 1900's. Would that not be considered historic?? Just a different style of home. I guess if you really wanted to preserve the look of Oakwood from a historical argument, i think most the cars need to be removed and the ones there should be antiques, huh? Silly argument, but just as silly as the argument the people that are against this home have.

  • John Royal Sep 12, 2014
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    Every liberal I know was in favor of the homeowners

  • SAY 'WHAT" ONE MORE TIME! Sep 12, 2014

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    +1

  • euimport1 Sep 12, 2014

    it looks good, adds value to the hood and that's that. deal with it. a permit stands for something too .... at least it should

  • notexactly Sep 12, 2014

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    It really don't matter what you or I think. If it was their land, they should be able to build what they want to if it was approved. This is just a case of a terrible nosy neighbor that didn't like the house so she wanted it gone. No doubt a lib that thinks it should be her way or no way. I am glad she got spanked by the judge. The house looks great. More power to the owners.

  • notexactly Sep 12, 2014

    Hey Gail,

    Move on. You lost! Just because you don't like something, don't mean you get your way. Do yourself a favor and move on. Its over

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