Plans to build a $2.7 million topless club in a fast-growing corridor of northwest Raleigh took a hit today when the N.C. Supreme Court ruled that neighboring businesses have the right to oppose a city permit for the club on the grounds it would hurt them financially.
The decision is the latest in a three-year battle between the club's partners and neighboring businesses to the property on Mount Herman Road near Raleigh-Durham International Airport, Dan Kane reports.
The club would be called The Runway, and could seat as many as 560 people. It would be the city's first topless club in 16 years.
The Raleigh Board of Adjustment is required to approve a special use permit for such businesses. Phong Nguyen, a Raleigh doctor who practices in Virginia, and his partners won the permit in 2005. But then two neighboring businesses and a third nearby convinced a state Superior Court judge to throw out the permit.
The businesses said the topless club would cause economic hardship and reduced property values through increased traffic and an unsavory clientele.
The Christian group Called2Action has also sought to prevent the club's construction.
The N.C. Court of Appeals ruled that the businesses — Triangle Equipment Co., Triangle Coatings and the Angus Barn Restaurant — did not have standing to challenge the permit. The high court reversed the appellate court decision. Supreme Court Associate Justice Patricia Timmons-Goodson dissented from the opinion.
Nguyen has since sold out his interest in the club to David "Slim" Baucom, a Charlotte-area businessman who owns adult establishments in North Carolina and the Southeast.
http://projects.newsobserver.com/under_the_dome/supreme_court_rules_for_neighbors