The Cherry neighborhood is taking its fight against development to court

A month after the Charlotte City Council approved a major development planned for the Cherry neighborhood in a bizarre, wee morning hours vote switch, the Cherry Community Organization has filed legal documents asking a judge to reverse the decision and stop the project.

The facts

• Developers have proposed a massive complex with 300 apartments, 225 hotel rooms, a parking deck and retail in Midtown. The project, called Midtown Center, would sit on the Cherry side of the Metropolitan.

• The Cherry neighborhood, a historically black and working class residential area right next door, wasn’t happy about it. The area has dealt with gentrification for years. Neighbors filed a protest petition against the development, meaning that nine votes on the City Council were needed to approve it instead of a simple majority.
• The City Council was sharply divided about it when it was first presented September 21. The first vote was 6-5, meaning it was meant to fail. But then at about 12:20 a.m., Councilman Michael Barnes said he would switch his vote and be in favor of the project after the developer agreed to lower the total height of the building from 106 feet to 100 feet.
• The project ultimately passed on a revote.

• The Cherry Community Organization is challenging the process used to come to the decision. Essentially, the argument is that the City Council can’t just change the terms of the project without going through a formal process.
• The filing cites noise, difficulty with traffic and parking, a diminished view of the Charlotte skyline and “diminution in the peaceful residential character of the Cherry neighborhood” as reasons why the development would harm residents.
• The City of Charlotte says they believe everything was done legally, but it has yet to respond in court.