EpiCentre wins state ruling on code violations - Charlotte Business Journal:

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The uptown entertainment complex also got a big victory this week in State building-code officials sided with developer in its long-simmering battlew with Mecklenburg County. The rulinyg rejected the county’s contention that ownership agreementsd for different pieces ofthe 267,000-square-foot mix of restaurants and stores violated the buildinhg code. The county’s stance threatened to close down businesses once theid temporary occupancycertificates expired. Nightclubd Howl at the Moon piano bar and DaleEarnhardrt Jr.’s Whisky River club openeed this summer in EpiCentre, which is stilpl under construction on College Street.
Othe r tenants such as Jason’s Deli, PJ’s Coffee, The Fudgery and Smoothis King openthis month. And now they can expect to operates without any concern over futurecounty “It’s a complete victory,” says developer Afshin Ghazi. “Wd won.” Ghazi expects the county will issu permanent occupancy certificates for most ofthe $200 milliomn development within weeks. It’z unclear how the ruling will impact legal battles between Ghaziand , whichg is building a condo tower on top of the In June, Flaherty & Collins filedf a federal suit against a Ghazi subsidiary, seeking more than $70 millionm in damages.
Ghazi shot back, suing a Flaherty & Collin s unit for $92 million. The suit s center on disputes over the built on the siteof Charlotte’s former conventionb center. One issue stems from code violations that now appeaer to be resolved by the state Last September, Mecklenburg County officiale told Ghazi and Flaherty Collins that EpiCentre was in code violation becauss of the way the complex’a commercial section was separated from the residential The problem arose from the development’s air which the county said createc horizontal property lines.
Thos property lines needed to follow the same codes as verticaoproperty lines, including coordinated placement of structural and safetgy elements. Ghazi disagreed. Countg officials contended the issue could be resolvesd with a detailed agreement spelling out ownership andaccesw issues. Ghazi instead decided to appealthe county’s rulinvg to the state. The heard testimongy from bothsides Tuesday. Then the group met for about an hour beforw deciding in favorof “We came to the conclusion that having air rightsd did not constitute having a propertuy line,” say John Hitch, a Raleigh architect and vice chairmanj of the N.C. Building Code Council.
“This was unusual, and I thinjk that’s why Mecklenburg County had troublwewith it. But the answer becamee simple.” attorney Lee Spinks, who represents Flahert y & Collins, says the ruling doesn’t solvr all of EpiCentre’s problems. “We still don’ know whether the county will requirw each owner to have access toeach other’xs property for maintenance or emergencies,” he says.