CURRICULUM VITAE EDUCATION. Legal University of North Carolina School of Law Juris Doctor: 1982

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CURRICULUM VITAE ROBERT WARING OAST, JR. City and Regional Planning Section Austin E. Knowlton School of Architecture

The Ohio State University 289 Knowlton Hall 275 West Woodruff Avenue

Columbus, Ohio 43210

(614) 292-7412; e-mail:


Legal University of North Carolina School of Law Juris Doctor: 1982 Graduate University of North Carolina Master of Regional Planning: 1982

Departmental Paper: Housing and Urban Development: A Decisional Analysis of Federal Policy

Undergraduate North Carolina State University and University of North Carolina Bachelor of Arts: 1978

Academic Honors: Dean’s List seven of eight undergraduate semesters CURRENT POSITION

Associate Professor of Practice, City and Regional Planning Section, Knowlton School of Architecture, The Ohio State University, Appointed August 2013

- Teaching law and law-related courses in graduate and undergraduate Planning curriculum

- Research and professional interests include application of concepts of land use law at the local government level

- Courses include law and planning, as well as special problems in land use regulation - Future courses will focus on local government planning and land use regulation

processes, drafting and administration of regulations


City Attorney: City of Asheville, N.C. November 1996 to July 2013

 Advise City Council and City departments on legal matters affecting City  Represent City in court and administrative proceedings

 Draft and review ordinances, resolutions and contracts City Attorney: City of Greenville, N.C. May 1995 to November 1996 Assistant City Attorney: City of Wilmington, N.C. April 1988 to May 1995


Associate: Haywood, Denny & Miller October 1986 to April 1988 Chapel Hill, N.C.

Staff Attorney: N.C. Court of Appeals March 1983 to October 1986 Raleigh, N.C.

Appeals Referee: Employment Security Commission January to March 1983 Raleigh, N.C.


Adjunct faculty: East Carolina University Department of Planning Fall 1996 Greenville, N.C.

Taught intermediate (3000 level) course in Urban Planning (3 hours)

Adjunct faculty: Western Carolina University Department of Political Science and Public Affairs Spring 2007 Asheville, NC Campus

Taught course, “Legal Issues and Public Affairs,” in Master of Public Affairs Program Guest Lecturer: Western Carolina University Department of Political Science and Public Affairs Spring 1998-2005 Asheville, N.C. campus

Individual graduate classes in Public Administration, topics varied


 Author of “The Permit Extension Act of 2009: Some Implications for Local

Governments” for Land Use Law Quarterly (December 2009); reprinted in The Public Servant (January 2010), both publications of the N.C. Bar Association

 Author of “Recent Cases and Legislation on Subdivision Regulation” for N.C. Bar Association Zoning, Planning, and Land Use Law Section newsletter, 2:2 (Spring 2006)  Author of “Treading Water in Slow Economic Times, and Recovering from Disaster: The

Job Creation and Worker Assistance Act of 2002” (article discussing certain economic stimulus tax incentives); The Urban Lawyer, 34:4 (Winter 2002)

 Author of “Incentives for Economic Development for Underserved Communities and for Affordable Housing: A Selective Look at Legislative Initiatives in the 106th Congress (article analyzing recent economic development legislation); The Urban Lawyer, 33:3 p. 793 (Summer 2001)

 Co-author (with R. Akers) of “Economic Development North and (New) South: A Tale of Two States” (article comparing economic development efforts of North Carolina and Pennsylvania); The Urban Lawyer, 31:4 p. 793 (Fall 1000)


 Author of section of Environmental Issues for Home Buyers for N.C. Bar Association program, February 1995; reprinted in N.C. Lawyers Weekly, April 1995

 Author of two sections of Historic Preservation Revolving Fund Handbook for N.C. Bar Association and Historic Preservation Foundation of North Carolina, 1986

 Assistant investigator and editor (with D. Brower) of Coastal Lands and Waters:

Ownership, Governance, and Rights of Use (text for graduate planning course) for North Carolina Sea Grant, 1982

 Author of coastal profiles for North Carolina and South Carolina for Southern Exposure magazine, 1982

PROFESSIONAL LICENSES and CERTIFICATIONS Legal: Licensed to practice law in North Carolina 1982

Also admitted to practice in Federal Courts: Eastern District of North Carolina (1990); Western District of North Carolina (1999); Court of Appeals for the Fourth Circuit (1995)

Planning: American Institute of Certified Planners 1999


Asheville Jet v. City of Asheville, et al., 689 S.E.2d 162 (N.C. Court of Appeals 2009); Denial of motion to dismiss; appeal dismissed; case settled

City of Asheville v. State of North Carolina, 672 S.E.2d 685 (N.C. Supreme Court 2009) Local act constitutionality; City did not prevail

Hall, et al. v. City of Asheville, 664 S.E.2d 776 (N.C. Court of Appeals 2008) review denied, 673 S.E.2d 130; Annexation challenge; City prevailed

Town of Green Level v. Alamance County, 646 S.E.2d 851 (N.C. Court of Appeals 2007)

Amicus curiae in support of Town on extraterritorial jurisdiction extension; Town prevailed

Arnold v. City of Asheville, 610 S.E.2d 280 (N.C. Court of Appeals 2005) Interlocutory discovery issue in annexation challenge; City prevailed

Gannett Pacific v. City of Asheville, 632 S.E.2d 586 (N.C. Court of Appeals 2006) review denied, 638 S.E.2d 466; Open meetings; City prevailed

Arnold v. City of Asheville, 652 S.E.2d 40 (N.C. Court of Appeals 2007) review denied, ___ S.E.2d ___; Annexation challenge; City prevailed


Carolina Power & Light Co. v. City of Asheville, 597 S.E.2d 717 (N.C. Supreme Court 2004) Annexation challenge; City did not prevail

Ridgefield Properties v. City of Asheville, 593 S.E.2d 589 (N.C. Supreme Court 2004) Annexation challenge; City did not prevail

Briggs v. City of Asheville, 589 S.E.2d 887 (N.C. Supreme Court 2003) Annexation challenge; City did not prevail

Williams v. Blue Cross Blue Shield, 581 S.E.2d 415 (N.C. Supreme Court 2003) Amicus

curiae in support of Orange County on local legislation constitutionality; County did not


Donoho v. City of Asheville, 569 S.E.2d 19 (N.C. Court of Appeals 2002) review denied, 576 S.E.2d 110, Local pollution control agency operations; City did not prevail

Morris Communications, Inc. et al., v. City of Asheville, 556 S.E.2d 70 (N.C. Supreme Court 2002) Billboard, protest petition; City did not prevail

Jacobs v. City of Asheville, 528 S.E.2d 905 (N.C. Court of Appeals 2000) Employee grievance procedure; City did not prevail

SBA, Inc. v. City of Asheville, 539 S.E.2d 18 (N.C. Court of Appeals 2000) Conditional use permit denial; City prevailed

C C & J Enterprises v. City of Asheville, 512 S.E.2d 766 (N.C. Court of Appeals 1999), review improvidently allowed, 573 S.E.2d 130 Conditional use permit denial; City did not prevail

Biltmore Square Associates v. City of Asheville, 497 S.E.2d 121 (N.C. Court of Appeals 1998) Annexation, voting rights; City prevailed

C G & T Corporation v. Board of Adjustment of Wilmington, 411 S.E.2d 655 (N.C. Court of Appeals 1992) Denial of zoning permit to operate refinery; City prevailed

Quality Water Supply v. City of Wilmington, 388 S.E.2d 608 (N.C. Court of Appeals 1990) review denied 393 S.E.2d 884; Extension of municipal water system; City prevailed Finch v. City of Durham, 384 S.E.2d 8 (N.C. Supreme Court 1989) Amicus curiae brief in support of City of Durham on zoning case; City prevailed

Hall v. Carter, 369 S.E.2d 623 (N.C. Court of Appeals 1988) Interlocutory discovery issue; dismissal; client did not prevail

Williams v. Institute for Corporate Studies, 355 S.E.2d 177 (N.C. Court of Appeals 1987) Personal jurisdiction issue; client did not prevail

Grace Baptist Church v. City of Oxford, 358 S.E.2d 372 (N.C. Supreme Court 1987) Constitutional issue in zoning enforcement action; City prevailed



Legal: Member; North Carolina Bar Association 1983 – present

 Appellate Rules Study Committee 1992-1999 (subcommittee co-chair)  Environmental Issues Committee, Young Lawyers Division 1993-1995

 Lawyers and the Arts Committee, Young Lawyers Division 1989-1994 (organized “Artists and the Law” symposium, Wilmington, North Carolina 1989)

 Zoning, Planning, and Land Use Law Section (Section Council) 2005 – present, Secretary 2009-10, Vice Chair 2020-11, Chair 2011-2012

Member: American Bar Association 1997 – present

 Co-chair of Economic Development Subcommittee of State and Local Government Law Section 1998-2003

Member: North Carolina Municipal Attorneys Association 1988 – present  Board of Directors 2000-2002

 Committees: Land Use, Appellate Advocacy  First Vice-President 2011-2012

Member: International Municipal Lawyers Association 1995 – present  Environment, Energy and Natural Resources Committee 1999-2001 Planning: Member: American Planning Association 1995 – present

 North Carolina chapter of APA 1995 – present  Member: Urban Land Institute 1995 – present

Other: Member: National Association of Parliamentarians 1989 – present

Member: Asheville Chamber of Commerce Task Force on Legislative Affairs


 Riverfront office tower for Pharmaceutical Product Development Corp.: Wilmington, N.C. 1994

Assisted in document preparation and review and resolution of legal issues for public-private office and parking deck (project was never built)

 Federal Courthouse: Greenville, N.C. 1996

Structured long term lease agreement for governmental use, drafted appropriate ordinances and resolutions

Completed 1997


Structured long term lease agreement for public-private adaptive re-use of historic (National Register) landmark (featured in New York Times article, 1998) Opened Fall 2002

 Hotel/parking facility project in downtown Asheville, N.C.

Drafted or reviewed all documents in three-party public-private downtown development project

Currently under construction (scheduled to open July 2012

_ Currently involved in planning phase of other major projects in Asheville


 International Municipal Lawyers Association: “Conditional Use Permits: Beyond Development Standards,” 64th

Annual Conference in Toronto, Canada September 1999 (paper submitted)

 ABA Local Government Law Section Council: Presentation on the rehabilitation of the Grove Arcade building, a major historic structure in downtown Asheville, Annual Meeting in Asheville, N.C. October 1997

 North Carolina Municipal Attorneys Association: Presentation on Minimum Housing Code Enforcement, Institute of Government, Winter Conference in Chapel Hill, N.C. March 1995

 North Carolina Municipal Attorneys Association: Presentation on Land Use Regulation and Religious Uses, N.C. League of Municipalities, Summer Conference in Atlantic Beach, N.C. August 2001

 North Carolina Municipal Attorneys Association Presentation on Regulation of Solicitation, N.C. League of Municipalities, Summer Conference in Asheville, N.C., August 2005

 Historic Preservation Foundation of North Carolina: Presentation on Conflicts of Interest on Historic District Commissions, Annual Conference in Wilmington, N.C. October 1993  Historic Wilmington Foundation: Presentation on Recent Developments in Historic

Preservation Law, Wilmington, N.C. April 2001

 Lorman Education Services: “What You Need to Know About Public Records and Open Meetings Law in North Carolina,” Asheville, N.C. January 2003

 Lorman Education Services: “Plat and Subdivision Law in North Carolina” Asheville, N.C. May 2006, April 2007


 Intercity visit From Chapel Hill/Carrboro Chamber of Commerce: Addressed visiting delegation on legal issues associated with “synthetic” tax increment financing for Biltmore Park Town Center, a residential/office/retail center in south Asheville August 2010

 Participant in panel discussion at Constitution Day observance at Western Carolina University: “Is/should there be a constitutional right to a minimum level of subsistence?” September 2011

 Frequent speaker on land use and City government issues at local civic group and community meetings


 Actor in Shakespearean theater: Cape Fear Shakespeare 1993, 1994; Montford Park Players 1997

 Competitive Cyclist: United States Cycling Federation 1980 – present (Gold medalist for age group in 3000 meter individual pursuit, N.C. State track championships, 2006; Bronze medalist for age group in points race, N.C. State track championships, 2008)