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Board of Adjustment Dismisses Notices of Violation Against GHM Investments Citing Procedure Errors
Summary
The Reidsville Board of Adjustment voted July 15 to dismiss two notices of violation against GHM Investments, after appellant counsel argued the city failed to provide required administrative materials and staff acknowledged the error. The board said it will issue a written decision explaining the dismissal.
The Reidsville Board of Adjustment voted on July 15 to dismiss two notices of violation issued to GHM Investments LLC over alleged unpermitted clear-cutting and removal of a required tree buffer on parcels along Freeway Drive and Buchanan Road.
Appellant counsel (identified in the record as Bragg) told the board the city’s failure to transmit required administrative materials to the appellant before the hearing amounted to a due-process violation that could not be cured and urged dismissal. "This is a due process violation," counsel said, arguing statutory provisions and case law require records be exchanged and withheld materials prejudiced GHM’s ability to respond.
City planning staff acknowledged an error in document distribution. Planning director Drew Bigelow said he had not been aware of the specific statutory requirement and told the board staff has revised internal procedures to ensure required materials are provided to affected parties in future quasi‑judicial matters. "We have amended our internal policy to ensure that this does not happen," Bigelow said.
Board counsel and members debated whether the error could be cured by rescheduling or required dismissal. The board ultimately voted to dismiss the notices of violation. Staff cautioned the dismissal applies only to the BOA's NOV proceedings: it "stops the NOV proceedings. It does not remedy any failures to obtain permits or site plan approval," Bigelow said, adding the city could reissue violations or pursue other enforcement options if appropriate.
The board directed members who supported the dismissal to prepare a written decision explaining their findings and to provide it to staff for inclusion in the record. Board counsel offered to prepare a draft order for review and finalization at a future meeting. The board’s written decision will be the formal record of the dismissal.
The board also handled prehearing motions, including a successful recusal motion concerning one board member; the hearing proceeded with that member recused prior to the dismissal vote.
