Frank Howington wanted to build a 100-unit apartment complex in Asheville. City council nixed his investment because they feared the roads were too delicate and the slopes too steep. Howington attempted to recoup his investment by splitting the project in two and flying under city council’s radar. City staff responded by attempting to change the UDO to outlaw some things Howington was doing. That didn’t work, so now the city is attempting to rezone Howington’s property so he can’t build his apartments.

Howington is attempting to build infill development near a transit line, and he isn’t using federal dollars. The city, with its taxing power, is in a better position to “exhaust the legal system.”