An appeal by Tar Heel Parking owner Gustave Mueller failed in a 10-0 vote before the town adjustment board at its meeting late Wednesday night.
Since 1995, UNC students have parked in the lot off U.S. 15-501 near Southern Village. About 20 students now lease spaces for $300 a semester.
Tar Heel Parking came under scrutiny last year for selling spaces to students who said they were promised more than they received. Several students went to Student Legal Services for help and reached a $5,200 refund settlement with Mueller.
Under the contract students signed with Tar Heel Parking this year, they will recover a large amount of their money if the parking lot is shut down by the town, said Aaron Hemmings, Mueller's attorney. Mueller still can appeal the board's decision to the Orange County Superior Court.
Terry Milner, outside special counsel for the town, said the parking lot does not meet proper site plan restrictions that ensure the safety of its users.
Both sides argued back and forth over the history and condition of the lot and whether it could be used as a parking lot.
But Milner said the parking lot also violates many other provisions that make it unsafe. "The result of this decision is some bad behavior and unsafe conditions will cease," said Milner, citing the lack of pavement and lighting in the lot.
UNC freshmen Marla Kinlaw and Brandee Guyton testified on behalf of the town about the unsafe conditions of the lot. Kinlaw and Guyton testified that they co-leased a parking space at the beginning of the year, but upon visiting the lot found out that it was nothing like the lot advertised in the promotion flier they received.
"Safety is the most important thing and the parking lot is not safe," Guyton said.
