Sunday, July 14, 2024

Superior Court judge sides with Carolina Beach in the battle of the supermarkets

Carolina Beach is closer to seeing a new development in the Federal Point Shopping Center after a judge affirmed the town's decision to grant a conditional use permit (Port City Daily photo/MICHAEL PRAATS)
Carolina Beach is closer to seeing a new development in the Federal Point Shopping Center after a judge affirmed the town’s decision to grant a conditional use permit (Port City Daily photo/MICHAEL PRAATS)

CAROLINA BEACH—The Town of Carolina Beach is one step closer to receiving a new grocery store after a New Hanover County Superior Court judge ruled in favor of the town and its decision to grant Carolina Beach Development Company LLC a conditional use permit to redevelop Federal Point Shopping Center.

The new shopping center would completely raze the older mall and be anchored by a nationally known grocery store. The problems arose from neighboring property owner Jubilee Carolina LLC.

Jubilee planned on building a Harris Teeter on the adjacent property–but has failed to do so within the past 12-years. But when GHK Developments, the developer behind the Pine Valley Publix submitted plans to the town’s Technical Review Committee to redevelop the shopping center, Jubilee Carolina protested.

During a Town Council meeting in January, Attorney Michael Lee spoke on behalf of Jubilee Carolina LLC and requested the town only approve the request to redevelop the mall if a connecting driveway between the two properties was required.

Members of Carolina Beach Development Company said if the town placed this requirement on the development, it would not proceed with its plans.

Town Council ultimately decided to approved the permit, but there was an appeal.

In March, Jubilee Carolina asked the courts to review the decision made by Carolina Beach Town Council (Port City Daily photo/Michael Praats)
In March, Jubilee Carolina asked the courts to review the decision made by Carolina Beach Town Council (Port City Daily photo/Michael Praats)

In March, Jubilee Carolina petitioned Superior Court to review the decision made by the town, claiming the company would “Suffer special damages as a result of the granting of the Conditional Use Permit.”

On May 3, Superior Court Judge R. Kent Harrell affirmed the decision made by the town.

“A judge entered an order on May 3, finding that the Town Council’s decision was affirmed. So, that means that Jubilee has to appeal the judge’s order in order to not have the CUP (conditional use permit) stand,” Carolina Beach Town Attorney Noel Fox said during a council meeting.

Jubilee has 30 days from the decision to make the appeal if it chooses to do so.


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