Appeal challenges Pack/Parkside ruling, asks for more detail

Developer Stewart Coleman has appealed a ruling on a controversial land sale that prevents him from building a nine-story condominium project on what was once public parkland.
In September, Judge Marlene Hyatt sided with a lawsuit filed by the heirs of famed philanthropist George Pack asserting that land donated to Buncombe County was intended for public use and thus could not be used for private development. The county sold Coleman a piece of that land in November 2006.

Now Coleman’s attorney, Pat Kelly, has filed an appeal with the N.C. Court of Appeals. He also made a motion for Hyatt to make findings of fact and elaborate on which laws she used to make her decision, a motion Hyatt denied.

In the original summary judgment, Hyatt simply indicated that she sided with the Pack family’s lawsuit, though the Pack family’s attorney, Joe Ferikes, had argued that Pack’s donation legally counted as a “dedication” and thus had sharp limits placed on how it could be used in the future.

Ferikes said that it would likely be two months or more before the full brief listing Coleman’s argument for appeal would come out.
“Right now, we’re putting together all the information into a packet—all the documents, all the arguments, everything,” he said. “The court needs all of those to be able to evaluate the appeal.”

As of press time, Kelly had not returned calls from Xpress requesting comment.

SHARE

Thanks for reading through to the end…

We share your inclination to get the whole story. For the past 25 years, Xpress has been committed to in-depth, balanced reporting about the greater Asheville area. We want everyone to have access to our stories. That’s a big part of why we've never charged for the paper or put up a paywall.

We’re pretty sure that you know journalism faces big challenges these days. Advertising no longer pays the whole cost. Media outlets around the country are asking their readers to chip in. Xpress needs help, too. We hope you’ll consider signing up to be a member of Xpress. For as little as $5 a month — the cost of a craft beer or kombucha — you can help keep local journalism strong. It only takes a moment.

Before you comment

The comments section is here to provide a platform for civil dialogue on the issues we face together as a local community. Xpress is committed to offering this platform for all voices, but when the tone of the discussion gets nasty or strays off topic, we believe many people choose not to participate. Xpress editors are determined to moderate comments to ensure a constructive interchange is maintained. All comments judged not to be in keeping with the spirit of civil discourse will be removed and repeat violators will be banned. See here for our terms of service. Thank you for being part of this effort to promote respectful discussion.

Leave a Reply

To leave a reply you may Login with your Mountain Xpress account, connect socially or enter your name and e-mail. Your e-mail address will not be published. All fields are required.