The site in Raleigh NC was previously an empty lot.











The 2100-square-foot house was designed in 2013 by owner/architect Louis Cherry. Because the house is in the Oakwood Historic District, Cherry received the mandated Certificate of Appropriateness (COA) building approval September 9, 2013 from the Raleigh Historic Development Commission (RHDC) after fully complying with the RHDC’s requirements.Cherry started construction on October 24.

On October 1, neighbor Gail Wiesner (515 Euclid, across the street) went before the City Council to complain about the RHDC ruling. The Council listened politely. Then Wiesner and her attorney, Andy Petesch, appealed the RHDC ruling to the Board of Adjustment (BOA) on November 17, appearing before them in December 2013. The BOA deferred discussion until January.

Note that contrary to published reports, Wiesner filed the appeal AFTER Cherry started construction, not the reverse.





Then Wiesner and Petesch presented for three hours at the BOA in January 2014. More coverage from the News and Observer. Read the BOA minutes from that meeting.





In February 2014, the BOA reversed the RHDC, despite Chair Thomas Coble's reminder of the BOA's specific statutory responsibility to only consider whether due process was followed, not to re-try the RHDC hearing.The unprecedented decision revoked Cherry's construction permits and put all approved RHDC construction projects in jeopardy.



Later in February the Raleigh City Council, which has jurisdiction over the BOA, sidestepped the matter entirely; City Attorney Thomas McCormick said he will not appeal the BOA ruling. As reported in The Indy, Cherry is "considering whether to apply for another [COA] or to appeal the Board's decision in court."



Meanwhile, the state's foremost authority on historic preservation supports Cherry and the integrity of the RHDC process. Preservation North Carolina President Myrick Howard, in a February letter to Oakwood residents, said that "the design of the Cherry/Gordon home is in line with a half-century of preservation philosophy and practice, contrary to the assertion of their opponents."

Former NC Department of Transportation Secretary Gene Conti said, "It is a living district and should continue to allow new construction consistent with the RHDC guidelines,” Conti wrote to the Raleigh City Council. “When a house receives RHDC approval, it should not be reversible just because some residents don’t like it.”

Christopher Roberts, President of the American Institute of Architects / Triangle Chapter wrote the Mayor and City Council in support of Cherry and RHDC.



WRAL's March 5 report featured owner Gordon and Preservation NC's Myrick Howard, BOA attorney John Silverstein, and neighbors.

The BOA's reversal became official March 10. Here are the minutes from that meeting. WRAL reported that night as did WTVD.

Cherry's attorney Nick Fountain said his client's options are to re-apply to the RHDC, file an appeal with the Wake County Superior Court, or both.

On March 11, Preservation North Carolina's Myrick Howard wrote about the issue in the News and Observer.

On March 12, someone (not Cherry or Gordon) started a Twitter account speaking as the voice of the "house." The "house" has an email address: oakwoodmodernhouse2014@gmail.com. This person's identity is as yet unknown. About the same time, someone (not Gail Wiesner) started a Twitter account representing themselves as Gail Wiesner. The latter account has, appropriately, been shut down.

The Indy did a followup story, as did Todd Morman, the guiding hand behind Monkey Time, clip above. Fast forward to 8:20.

On March 13, Cherry and Gordon wrote to the City Council. Midtown Raleigh News reported: Raleigh City Attorney Dorothy Leapley said the board failed to establish whether Wiesner has the right to challenge Cherry’s permits. She said Wiesner would need to offer proof that her property value will be affected – something that didn’t happen during Board of Adjustment hearings. “The courts said simply living across the street wasn’t good enough in itself,” Leapley said. Leapley said Wiesner’s role is among several issues the board failed to resolve. The attorney also said the ruling needs to be based on the “physical environment” of the entire Oakwood neighborhood, not individual streets or homes.

12 former RHDC Chairs (1969-2008) wrote the Raleigh City Council urging them to appeal the BOA ruling.

On March 17, the Editors of the News and Observer wrote: "The Raleigh City Council has some serious rule-changing to do. Cherry and his wife never should have been put in this position. Should the board’s ruling stand, the couple could lose a fortune in having to tear down a perfectly good (and perfectly appropriate) house. They should not have to hire a lawyer to fight this. The city has an obligation to see to it that the Board of Adjustment’s ruling is overturned. This was a huge error in judgment. And it must be corrected." Later that day, WNCN reported that Cherry and Gordon urged the City Council to pursue an appeal.

On March 14, a closed meeting of the Society for the Preservation of Oakwood took place. The long-standing neighborhood preservation group, going back decades, has not taken a public position on the controversy. The meeting was covered by WTVD with comments by Preservation North Carolina's Myrick Howard.

On March 18, the Raleigh City Council discussed the matter in closed session as reported by WTVD. NCModernist announced a press conference for Friday, 11am, at the house. Gail Wiesner and Joy Weeber stop giving on-air media appearances.

On March 19, NCModernist's George Smart appeared on Todd Morman's Monkey Time, above, to discuss Modernism in Raleigh and the Oakwood controversy.

On March 20, opposing Oakwood residents announced their own press conference for 10am Friday at the Jones Street home of Ellen and David Nightingale. Hours later, the City of Raleigh announced it will file an appeal to overturn the Board of Adjustment decision, covered by WRAL and WTVD.

There was also a report and video by Allen Breed of the Associated Press which was syndicated to newspapers around the world. Photo by Breed above of Gordon and Cherry; their house is on the right, Gail Wiesner's 2008 house to the left.

The Raleigh Regional Association of Realtors sent this letter to City Council in support of the City's decision to pursue an appeal of the BOA.

On March 21, opponents of the Cherry/Gordon house held their 10am press conference on Jones Street, left, including Will Hillebrenner and Mary Iverson. According to reporter Colin Campbell, who took the above photos: Society for Preservation of Historic Oakwood issues statement on today's opposition news conference: they "are not speaking for the Society."

An hour later, NCModernist held their press conference at the Cherry/Gordon House, right photo. NCModernist Board Chair George Smart announced the NCModernist Legal Defense Fund, with comments by Marsha Gordon and Louis Cherry. 35 supporters from Oakwood, Raleigh, and the Triangle attended, covered by WNCN, WRAL, and WTVD. People from all over the country have contributed and continue to do so.