Developer Stewart Coleman will appeal a recent ruling declaring that a piece of public parkland he bought cannot be used for private development, an attorney for his company, Black Dog Realty, confirmed today.
“We have decided to appeal,” Charlotte-based attorney Pat Kelly told Xpress. “Obviously, we’re disappointed by the ruling and we think it’s mistaken on a number of grounds. We believe we’ll be successful on appeal.”
In the ruling, Judge Marlene Hyatt sided with the heirs of George Pack, who donated the parkland to the county around the turn of the 20th century, and declared that using the land for private development — Coleman plans to build a nine-story high-end condominium building on it — violated the terms of Pack’s original dedication.
It’s not clear yet if Buncombe County, which was a co-defendant in the Pack suit, will join in an appeal. Assistant County Attorney Michael Frue told Xpress that he would be bringing the question before the commissioners at their meeting this afternoon.
“We’ll take the temperature of the board and see where they’ll want to go with this,” Frue said. “It [the written ruling] wasn’t finalized until just recently. So now that we know what it is, we can decide how to go forward.”
— David Forbes, staff writer