Coleman will appeal Parkside ruling

Coleman will appeal Parkside ruling-attachment0

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

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8 thoughts on “Coleman will appeal Parkside ruling

  1. Becky

    Mr. Coleman,
    It’s not too late to be a ‘good guy’ in the eyes of many. It’s not just a few who have objected, it is many, even if most of us are behind the scenes. People understand that you are a businessman, and yet it’s impossible to ignore the whiff of scandal directed at Ramsey and the commissioners, and a fairly confrontational coming from your side. You have benefitted greatly from the City of Asheville. Why not work something out? Why are you so intent on transferring your assets to the pockets of Charlotte lawyers? The potential profit from this building must be great, but what about your legacy and public opinion? Take the high road — meet with the Parks people, apologies all around. Issue a statement that shows your side, but indicates your concern for this community. Do the right thing by the people here, Mr. Coleman. It seems to obvious at this point, that with all the objections (and not just the protestors around the tree, but many respected people who have been very careful in their choice of words with respect to this project), that it’s not what the people want, and that your project will very much impact this public park, which so many have poured time and money into making a reality? Please. sir, consider taking the high road.

  2. Jeff

    What a pathetic level of arrogance and disregard for the public good.

  3. nuvue

    Good response Becky
    I would like to add that I think we should offer him his 320,000, or whatever it was, back and keep the land for the people. It’s VERY clearly is stated in the document from the Pack’s. If there is any other outcome, is any Real estate document safe or binding?

  4. Sundance

    Welll I think Mr. Coleman has just demonstrated to the citizens of Asheville that he is an absolute scum bag with no morals or ethical values and Pat Kelly is too.

  5. cwaster

    Anyone really surprised? I’m not. Greed is an all-consuming poison. Too bad he couldn’t take the high road. I’d never buy one of his properties, that is for certain.

  6. Barry Summers

    Speaking of Pat Kelly, he is also representing developers trying to ruin an historic neighborhood in Charlotte. He lost THAT case around the same time he lost the Parkside case. He is appealing that case as well. I spoke to one of the victorious neighbors down there, and he said that Kelly is representing the developer, but is being paid by the title insurance company.

    The Charlotte Observer story:

    http://www.charlotteobserver.com/business/story/169810.html

  7. Judge T Hoffmann

    If this had gone the right way, the County would’ve joined the appeal to get that land for Coleman. In the end all property belongs to the state. Isn’t it better to have that extra tax revenue than a little more park space? We need more services here in Buncombe County. We need to help the homeless. And we need more tax money to pay for it all.

  8. Sundance

    “If this had gone the right way, the County would’ve joined the appeal to get that land for Coleman. In the end all property belongs to the state. Isn’t it better to have that extra tax revenue than a little more park space? We need more services here in Buncombe County. We need to help the homeless. And we need more tax money to pay for it all.”

    Your incompetent and unfit to be in office or even practice law, if you are in office or practicing. You have forgotten what the duties of your office are which is to interpret the law and not legislate from the bench.

    Unlike you, Judge Hyatt did her job correctly and interpreted the law and the deeded restrictions. Deeded restrictions the county accepted and agreed to when they accepted the donation of land? I guess you forgot that one or did those 100 dollar bills mister Coleman put in your pocket cause you to have amnesia in regards to the law?

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