One will move on
Opponents' appeal against Washington St. development is unsuccessful
SEPTEMBER 15, 2011 11:46 a.m. 
(1)
A judge has upheld the city’s Design Review Board’s decision to approve plans for the $100 million downtown development One.
Downtown residents Heidi Aiken and Anthony Conway and commercial property owner Mary Dana Lowie appealed the issuance of a certificate of appropriateness for the project, saying it did not meet the city’s design guidelines for downtown projects and that a board member who cast the deciding vote had a conflict of interest.
Circuit Judge Gary Hill is expected to file an order later this month, but told lawyers in the case in an email he was upholding the board’s decision.
In a brief filed after last week’s hearing on the appeal, H. Donald Sellers, an attorney for Greenville ONE, LLC, said the appellants were trying to “conduct a second factual trial in which they substitute their own opinion for the conclusive finding of the City of Greenville’s Design Review Board.”
He compared the Design Review Board’s deciding appropriateness to a jury weighing the evidence and deciding whether a test of reasonableness is met or whether negligence is present in a negligence case.
“The design guidelines themselves reinforce the principle that an appeal is not intended to be a second weighing of the pros and cons of a project,” Sellers wrote.
Developer Bob Hughes announced the two-phase project in May on the site of the former Woolworth’s building.
The first phase will include a nine-story tower. The second phase will include a 10- or 11-story tower. The towers will be joined by a single story of retail space on the street level.
The Design Review Board approved plans for the first phase and gave conceptual approval of the second.
Assistant City Attorney Bob Coler said the Design Review Board is expected to consider plans for the project’s second phase at its October meeting.
The first phase will include national retailer Anthropologie, and house the Haynsworth law firm and headquarters of the upstart CertusBank.
The second phase will also contain a mix of retail and office space.
Evelyn Angeletti, the attorney for the petitioners, could not be reached for comment on the decision or whether an appeal will be filed.
Ruling expected soon on One development appeal
SEPTEMBER 9, 2011 11:47 a.m. (0)
MAY 26, 2011 8:59 a.m. (0)
MAY 26, 2011 8:35 a.m. (0)
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