“The decision by city council is arbitrary as it lacks a rational basis and there is no substantial relationship between the facts disclosed by the record and the conclusions reached by the council,” Franklin Jones, an attorney representing MaSuki Incorporated says in the document. “The city council violated basic due process rights by failing to make factual findings and-or conclusions on competent or substantial evidence. There is no substantial, competent or material evidence properly in the record to support the denial of the conditional use permit.”

The writ commands that the city, within 30 days, prepare and submit to court the complete record of its proceedings of the hearings and meetings on the matter.

From there it asks the court to order a complete review of the February 3 hearing and the decision denying MaSuki's request and to determine whether there was a valid basis for the denial.

The writ requests that the court “enter an order that the decision of the Roanoke Rapids City Council was arbitrary and capricious,” and that council “abused its discretion in denying petitioner's request.”

The writ asks for the permit to be granted and that the cost of the action be taxed to the city. It also asks for MaSuki to be awarded reasonable attorney fees and further relief as the court deems just and proper.

City Manager Joseph Scherer had no comment on the matter this morning.

In the writ, Jones notes that in the public hearing on the matter last month, “The comments given provided no reasonable or relevant objection to the proposed multi-family community. Instead, comments provided unsubstantiated speculative opinion that it may harm property values and disrupt the harmony of the area.”

Jones wrote in the writ that MaSuki “presented uncontroverted competent, substantial and material evidence that the required standards had been met. Neither the city nor any citizen presented any evidence that required standards would not be met.”