Town says prior permit approvals for Black Mountain Brewing were erroneous; owners and residents demand clarity

Michelle Kennedy, the town’s planning official, told the council the town reviewed commercial permits after concerns were raised in April 2024 and found that previous employees “made mistakes in administering state law.” She said a stop‑work order was issued in August 2024 after a routine fire inspection revealed unpermitted electrical and interior work on the upper floor. "Building and fire codes are created out of a belief that there's a risk to the public," Kennedy said, and the town consulted the North Carolina Department of Insurance building code office and the State Fire Marshal to assess applicable codes and permits.

Kennedy said staff compiled a "report of discrepancy" documenting records, conversations and applicable North Carolina building‑code sections, met in November 2025 with the engineer and architect of record, and identified 19 specific corrections (including fire rating, egress, accessibility, deck construction, electrical, plumbing, storage and site safety) that must be addressed to bring the structure into compliance. She also warned staff errors carry legal risk, citing that "willful failure to perform the duties required by law or willful improper issuance of a building permit or certificate of compliance by a building inspector in North Carolina is a class 1 misdemeanor" as stated in the statement provided to the council.

The administrative statement and subsequent public comment period prompted multiple residents and business owners to speak. Lisa Milton, a nearby commercial property seller, described being told the building had permits and inspections at the time of sale and said the discovery that records did not match her files left her worried about potential legal and financial exposure: "The idea that I had lied to them made me out to be a person that I am not," she said. John Richardson, a co‑founder of Black Mountain Brewing, said the business has worked with town staff since 2016 and pressed the council directly: "Can we trust you?" He told the council a September press release he attributed to planning staff incorrectly cited a 2022 site plan and said his attorney had been in contact with town counsel.

Other commenters accused the town of slow enforcement and poor oversight. Cheryl Milton alleged the town had allowed an inspector (identified in public remarks as Charlie Russell) to sign off on work without proper checks, and called out the timing of a canceled town advertisement that she connected to media attention about the brewing business. Former mayor Carl Bartlett and other residents urged fiscal oversight and even proposed a forensic audit of the town’s finances.

What the town will do next: Kennedy told the council the corrections identified outline clear options for bringing the structure into compliance and that staff looks forward to working with the property owner to achieve that. The town did not announce a timetable for completing corrections in open session; public commenters asked for more transparent, timely updates and questioned use of out‑of‑town consultants for other projects. The council did not take formal enforcement votes in the meeting recorded in the transcript.