An appeals court has ruled in favor of the town of Beech Mountain in a property rights dispute with residents.
The lawsuit stems from a 2024 infrastructure project on a road leading to homes in the Skiloft community. Over six months, Beech Mountain crews repaved, replaced water and electrical lines and upgraded the stormwater management system.
During that time, property owners were unable to access their homes without a police escort and utility service was occasionally disrupted. The town offered $1,000 to those affected, but three groups of residents rejected that deal.
They sued, arguing the project amounted to a “taking” of their properties, in part because they were unable to rent them during construction.
A superior court judge agreed, but the town appealed. This week, the appeals court overturned that decision, ruling that Beech Mountains’ actions didn’t amount to a taking because access to the properties was never completely eliminated.
The opinion also says the town “promoted the health and safety of landowners and renters alike” by completing the project.
The case may not be over. Plaintiffs can still appeal the ruling to the North Carolina Supreme Court.