Sanchez v. Town of Beaufort

Gerharda Sanchez (plaintiff) filed suit to appeal an order of the Town of Beaufort (Town) (defendant) Board of Adjustment (BOA) ordering the Beaufort Historic Preservation Commission (BHPC) to issue a Certificate of Appropriateness (COA) to Sanchez’s across-the-street neighbor, Douglas Smith, that would allow Smith to replace a 16-foot structure on his property with a 27-foot structure. Sanchez’s and Smith’s properties were located in a historic district of Beaufort, and Smith had already engaged in numerous attempts at obtaining a COA to demolish and rebuild on his property. The existing structure on Smith’s property was deemed beyond repair and approved for demolition, but the BHPC determined that a COA would only be issued for Smith’s new build if the structure could be reduced to a maximum height of 24 feet. The 24-foot maximum was based largely off the personal preferences and opinions of individual BHPC board members, despite evidence presented that the historic district included structures ranging from 20 to 35 feet. It was also noted on the record that any building over 16 feet would block views from the street. Smith appealed to the BOA, who concluded that the BHPC’s height requirement was arbitrary and capricious and remanded the matter back to the BHPC to issue the COA to Smith. Sanchez appealed to the superior court, arguing that Smith’s planned structure did not conform with BHPC guidelines, would block the view from her home, and would devalue her property by over $100,000. The superior court affirmed the BOA’s decision, and Sanchez appealed.