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: oast.1@osu.edu
EDUCATION
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
PROFESSIONAL EXPERIENCE
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.
TEACHING EXPERIENCE
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
PUBLICATIONS
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
REPORTED APPELLATE DECISIONS (City of Asheville)
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
prevail
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
PROFESSIONAL ACTIVITIES
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
MAJOR PROJECTS
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
SPEAKER ON LEGAL AND PLANNING ISSUES
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
OTHER ACTIVITIES
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)
