BLACK MOUNTAIN, N.C. (WLOS) — In a Dec. 12 Facebook post, Black Mountain Brewing announced that the town’s planning director, Michelle Kennedy, sent owner John Richardson a cease-and-desist.
This comes after the town admitted inspection and permitting mistakes involving the brewery’s upper deck on Monday, Dec. 8, during a town council meeting.
Kennedy read a statement during Monday’s meeting, saying, “previous town employees made mistakes in administering state law” when reviewing permits and inspections for commercial properties, including the brewery at 131 Broadway Ave.
Richardson said he was emailed the cease-and-desist on Thursday, Dec. 11, around 5:30 p.m.
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The brewery shared Kennedy’s letter on social media, which read, in part, “…I will no longer tolerate your continued personal attacks. Effective immediately, you must cease and desist disseminating false and defamatory statements regarding my integrity and/or character (in person, online, in writing or on social media). Should you fail to comply, I am prepared to seek all available legal remedies, without further notice, including civil action seeking injunctive relief and punitive damages.”
The brewery stated in the post that asking for accountability and transparency is not a personal attack, writing, “This is yet another attempt to bury the ‘story that’s not a story.’”
“I have nothing against Michelle Kennedy personally, I’m sure she’s a fine person, but when she’s acting on behalf of an administration that doesn’t share the values of the town council, that concerns me,” Richardson said on Friday, Dec. 12.
On Thursday, Dec. 11, Richardson spoke with News 13, saying that he’s ready to talk with the town, but he was keeping his options open for legal action to recoup losses his business experienced due to limiting the number of people in the building.
DEC. 8, 2025 – Black Mountain Brewing owner John Richardson addressed council members directly. (Photo credit: WLOS Staff)
When asked about legal action again on Dec. 12, Richardson said attorneys have been involved but didn’t mention specific legal action.
The inspection issues have been a prevalent topic among the community, with Open Oven also experiencing a similar situation as Black Mountain Brewing. Open Oven owner Steven Paulson said his rooftop seating area — which was previously town-approved, permitted and inspected — had operated for more than a year before a new inspector found missed issues. Paulson said the town later required the rooftop to be closed and ultimately removed, News 13 previously reported.
Richardson previously told News 13 that the town of Black Mountain’s building inspector ordered the immediate closure of its upper deck on Aug. 30, impacting business. Black Mountain Brewing owners said the deck, inspected and permitted by the town since 2018, has been used safely for years and was not damaged during Helene.
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On Dec. 12, Richardson said other Black Mountain businesses are supportive during the dispute with the town, including Open Oven, mentioning that he ate lunch there yesterday.
News 13 repeatedly reached out to the town’s manager, Josh Harrold, with questions on the matter involving the businesses and requested interviews. Harrold denied every interview request.
Two days after the town admitted the inspection errors, Harrold announced his resignation as Black Mountain’s town manager, with his last day in office set for Jan. 26, News 13 previously reported.
“It’s time for new leadership. Josh Harrold did an honorable thing by stepping down because it is clearly time for new leadership and I feel like that is true with the entire planning and zoning department. I really do not understand, given the turn of events this week, why the town council has not suspended indefinitely the entire planning and zoning department, until we get an independent investigation as to how we got here,” Richardson said on Friday.
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Black Mountain Brewing’s social media often references an email response Harrold provided News 13 when he wrote on Tuesday, Dec. 2, “We are not interested in doing an interview. It appears there’s a need from WLOS to continue to push a story that isn’t a story.”
“This is the last thing I want. This is the last thing I want for the Town of Black Mountain. I want some commonsense leadership and continuing to attack me and our business, nobody’s a winner in this. Nobody’s a winner in this,” Richardson said Friday.
Richardson said he asked for a direct liaison with the Black Mountain town council to “work on common sense solutions.”
“I will work with state officials and I’ll work with the council, but I will not work with town administration that doesn’t share the same values that the town council shares,” Richardson said, adding that administration he believes doesn’t share the same values include those hired by Harrold.
News 13 also reached out to Kennedy for comment, but did not receive a response by publishing time.
