Dare residents sue in bid to stop arrival of Lowe's

KILL DEVIL HILLS, N.C.

Upset that a retail giant is planning a move to the neighborhood, two residents of Porthole Court have filed a lawsuit to block it in Dare County Superior Court.

James C. Almoney and Daryl S. Davies are asking a judge to void the Kill Devil Hills Board of Commissioners' decision that grants Lowe's the right to build a 160,000-square-foot store on 13 acres of commercially zoned property close to two neighborhoods.

"We don't feel like there's a need for another home-improvement store in the area that's going to be the downfall of the family businesses that the Outer Banks was built on," Almoney said.

The Board of Commissioners approved the

controversial project in October on the condition that Lowe's would aesthetically improve the building's facade.

The lawsuit is based on two main arguments.

First, the plaintiffs are claiming that the town illegally practiced spot zoning just to help Lowe's by making the project meet certain requirements of the Kill Devil Hills zoning code.

Secondly, they claim that the store plan is not a permitted use within the commercial zone and that it is not in compliance with requirements about parking, loading berths and highway access.

Those allegations are "factually and legally incorrect," Kill Devil Hills town attorney Dan Merrell said.

Merrell declined to comment further because he had not seen the lawsuit. Town Planning Director Greg Loy said he had not seen the lawsuit and could not comment.

As policy, Lowe's employees do not comment on pending litigation, company spokeswoman Stacey Lentz said.

Lowe's plans to build the store and 409 parking spaces along the U.S. 158 bypass, just north of the Wright Brothers National Memorial.

At meetings earlier this year, many residents of nearby neighborhoods - in particular, Porthole Court to the south and Canal Drive to the west - expressed frustration at the future store's proximity to their homes. Several dozen people objected publicly to the plan, citing the potential for excessive noise, traffic, lighting and stormwater runoff.

Some also speculated that Lowe's would have a devastating impact on local businesses. Others have lamented the loss of more natural landscape.

Lowe's responded to some concerns. The company's engineers tweaked the site plan to include an enhanced noise-barrier system and shorter light poles.

Erin James, (252) 441-1711, erin.james@pilotonline.com