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Board accepts civil engineer's affidavit over objection; scope limited to civil engineering topics

Buncombe County Board of Adjustment · April 2, 2025
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Summary

The board overruled objections to an affidavit from the applicant's civil engineer, Warren Sugg, and accepted him as an expert in civil/site engineering. Opposing counsel preserved objections where testimony strayed into appraisal, traffic engineering, or other specialized domains outside Sugg's civil‑engineering expertise.

The applicant presented written affidavits and a signed report from civil engineer Warren Sugg and asked that the materials be admitted into the record. Opposing counsel objected to the affidavit's conclusions on standards such as 'injurious to property,' arguing appraisal or other expertise would be necessary for some conclusions. The board overruled the objection and accepted the affidavit, with the understanding that Sugg's testimony is limited to his civil‑engineering expertise (stormwater, grading, parking, internal circulation, retaining walls) and not to topics requiring separate expert qualifications such as property valuation or detailed traffic engineering.

Chair and counsel clarified the bounds of Sugg's testimony; Sugg confirmed he was not offering property value opinions and would restrict his statements to civil engineering matters. The board stated that if parties wished to introduce additional experts (e.g., appraiser, traffic engineer) they should supply reports well in advance of the April 28 continuation.