BLACK MOUNTAIN, N.C. (WLOS) — Emails obtained by News 13 show heightened tensions between Black Mountain Brewing owner John Richardson and town officials escalated into a cease-and-desist warning, prompting the town’s planning director to request a third-party review of the brewery’s compliance with state codes.
The email exchange began when a senior town administrator flagged ongoing compliance concerns at two Richardson-owned properties, including Black Mountain Brewing at 131 Broadway Ave.
These emails show conversations between John Richardson, owner of Black Mountain Brewing; Jennifer Tipton, the town’s senior administrator; and Michelle Kennedy, the town’s planning director.
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In an initial email, Senior Administrator Jennifer Tipton wrote that there were “areas of concern” at both 131 Broadway Street and 141 South Richardson Boulevard, and asked whether Richardson wished to schedule a time to discuss compliance issues.
Previous coverage: BLACK MOUNTAIN BREWING DISPUTES TOWN’S TIMELINE OVER UPPER DECK CODE COMPLIANCE ISSUES
Richardson responded by copying members of the Black Mountain Town Council and requesting that oversight of the properties be turned over to county or state officials. In his reply, Richardson said he no longer trusted the town’s administration, specifically naming Planning Director Michelle Kennedy, and accused her of being deceptive.
“I do not trust a single thing that she or any other members of the Town Administration say or do at this point,” Richardson wrote in the email.
Kennedy then replied directly, stating she had already discussed the situation internally and would be meeting with the North Carolina Department of Insurance regarding assistance with further compliance matters related to Black Mountain Brewing and the Rail Yard. She said she would follow up with Richardson and the town attorney after that meeting to outline the next steps.
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In her email, Kennedy acknowledged that prior town staff made errors in permitting and inspections, but emphasized that those mistakes did not remove Richardson’s responsibility to keep his properties in compliance or excuse unpermitted work.
“It is the responsibility of current staff to ensure that applicable state laws, ordinances and regulations are followed,” Kennedy wrote, adding that the town remained ready to work with Richardson to address violations.
Kennedy also warned Richardson that she would no longer tolerate what she described as personal attacks against herself or her staff, urging him to bring any concerns to the appropriate oversight bodies. The email included language directing Richardson to “cease and desist disseminating false and defamatory statements” about her integrity or character and warned of possible legal action if those statements continued.
That language later became public after Black Mountain Brewing shared the cease-and-desist warning on social media.
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In a statement to News 13, Kennedy said she has now requested an independent, third-party review to evaluate whether Black Mountain Brewing is in compliance with applicable codes.
Kennedy said she engaged the North Carolina Office of the State Fire Marshal and the North Carolina Division Chief of Codes and Interpretations to conduct the review and expects their findings within the next week. She said the interpretation will become a public record once it is received and shared with the property owner.
Kennedy said she is limited in what she can discuss publicly due to pending enforcement action that is being disputed by Richardson, citing advice from the town attorney. She said she would be willing to answer additional questions once the matter is resolved.
“There are substantive issues that must be resolved related to Mr. Richardson’s properties,” Kennedy wrote. “It has and will continue to be the priority of my department to resolve these issues in a fair and unbiased manner.”
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Kennedy said the request for a third-party evaluation was made specifically to ensure fairness in the process.
She also addressed the cease-and-desist warning directly, saying it stemmed from what she described as repeated personal attacks unrelated to the compliance dispute.
In her statement, Kennedy said Richardson’s behavior toward her began during a phone call on June 9, shortly after she began her role as planning director. She described the call as intimidating and aggressive and said she had concerns for her personal safety following the conversation and continues to have those concerns.
Kennedy said that since that call, all communication between her and Richardson has been conducted by email to ensure documentation and transparency as a matter of public record.
“The issues at hand with Mr. Richardson are matters of policy and law and should remain such,” Kennedy wrote, encouraging review of the full email correspondence. “Public discourse is essential for a healthy community, but public servants should not have to endure defamation or harassment as individuals.”
