A three-judge panel will hear oral arguments in the Maymead Deep Gap asphalt plant case next week.

The Watauga Democrat reports the N.C. Court of Appeals will hear the case March 21st in Raleigh.

Randall and Carolyn Henion will be appealing a November 2016 ruling that affirmed a Watauga Board of Adjustment decision to overturn the revocation of Maymead’s high impact land use permit to build the plant on Highway 421 South in Boone.

The Henions claim the N.C. Superior Court “committed reversible error mandating reversal by improperly finding facts by substituting its own legal theory for that of the (Watauga County) Board of Adjustment.” They hold that the panel should reverse the Superior Court order and remand the matter to the Board Of Adjustment with instructions to revoke the permit.

The county asserts that Planning and Inspections Director Joe Furman’s 2015 decision to revoke the permit was correct and said that the Board of Adjustment’s reversal to restore the permit was an error of law and the Superior Court’s decision was also an error of law.

Maymead and J.W. Hampton claim the trial court order should be affirmed, saying they support the Board of Adjustment’s decision that they have vested rights under the HILU permit.