Buncombe County has decided not to appeal Judge Marlene Hyatt‘s ruling that a parcel of disputed public parkland cannot be used for private development, a release announced this morning.
The press release, sent out by Clerk to the Board Kathy Hughes, states that the Buncombe County Board of Commissioners were all in agreement and wish to move on. This came after the board had discussed the matter in closed session following their meeting yesterday afternoon.
The commissioners decided to sell the property to developer Stewart Coleman in 2006. In response, the heirs of George Pack filed a lawsuit against both the county and Coleman’s company, Black Dog Realty, asserting that Pack, when he donated the land around the turn of the 20th century, had intended it to only be for public use. Coleman wants to build a nine-story condominium building partially on the site.
The board’s decision leaves Black Dog alone in filing an appeal.
The full release is below.
— David Forbes, staff writer
County Will Not Appeal Pack Decision
The Buncombe County Commissioners have decided not to appeal the decision of Judge Marlene Hyatt prohibiting the private use of the property the County sold adjacent to the Hayes and Hobson building in downtown Asheville.
“We’ve all agreed that we will not appeal the judges ruling, said Commissioner David Young, we appreciate the citizens love of this park space and will move on with addressing the many other issues facing the County and its citizens.”