CITY OF ASHEVILLE v. MR ENTERTAINMENT LLC OFF THE WAGON DUELING PIANO BAR JESS MILLS IV BENJAMIN REESE (2024)

Appeal by Jess T. Mills (“Mills”), Benjamin O. Reese (“Reese”), and MR Entertainment, LLC d/b/a Off the Wagon Dueling Piano Bar (“OTW”) (collectively “Defendants”) from motion to strike and judgment on the pleadings in favor of the City of Asheville (the “City”). We vacate and remand for entry of dismissal.

The factual background underlying this case is set out in this Court's published opinion in MR Entm't v. The City of Asheville, COA23-1109. The Board of Adjustment found the City had failed to re-inspect the site and to confirm the abatement after Defendants had notified the City of their abatement and cure within the requisite period. For the reasons stated in this Court's opinion in MR Entm't v. The City of Asheville, COA23-1109, the trial court erred in granting the City's motion for judgment on the pleadings. The City's action was rendered moot by Defendants’ notice and abatement of the alleged violation. We vacate and remand for entry of dismissal. It is so ordered.

VACATED AND REMANDED.

Report per Rule 30(e).

PER CURIAM.