Judge Allows Part of Developer’s Lawsuit Against Hendersonville to Proceed

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Judge Allows Part of Developer's Lawsuit Against Hendersonville to Proceed

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A legal dispute between Advenir Azora Development LLC, a Miami-based housing developer, and the city of Hendersonville, North Carolina, is moving forward in court. A Superior Court judge recently dismissed two of three counts in a lawsuit filed by Advenir Azora in March 2026, but allowed one count to proceed.

The lawsuit originated after the Hendersonville City Council unanimously denied a rezoning request in January 2026. Advenir Azora had sought to rezone a 21-acre tract on Haywood Road to build a 180-unit multifamily complex, consisting of duplexes, triplexes, and quadraplexes. This proposed development had a density of 5.74 units per acre.

The city’s denial came after months of public opposition from local homeowners who raised concerns about traffic, stormwater runoff, and the project’s compatibility with existing residential areas. Advenir Azora’s lawsuit characterized the city’s zoning rules as unconstitutional and the council’s denial as arbitrary and not supported by evidence. The developer argued that their proposed project aligned with the city’s comprehensive land-use plan and incorporated modifications to address some community concerns, such as increased setbacks and buffering.

Hendersonville city attorneys, in their motion to dismiss the lawsuit, contended that Advenir Azora lacked the legal standing to sue because it was not the legal landowner of the property. They also argued that the lawsuit was filed past the deadline to challenge the council’s decision, which was March 9, 2026. The property, valued at $664,800 on tax books, is owned by commercial real estate broker Jeffrey Justus, who is not a party to the current lawsuit.

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