County will not appeal Parkside ruling

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.” 



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5 thoughts on “County will not appeal Parkside ruling

  1. Thank you David Young. You are darn tootin’ that “citizens love this park space”. Certainly way more than they love luxury condos.

  2. cwaster

    Good move. We do indeed love this space, much more than useless condos. I applaud their decision.

  3. Sundance

    what’s this…finally a little glimmer of intelligence out of those thugs we call our county commissioners? You know those county commissioners that do not care one single bit about city residents who our county residents as well.

  4. Judge T Hoffmann

    This judge was wrong. The Buncombe County Commissioners have every right to sell this property. All property belongs to the state, in the end. Think of all that tax revenue we will not have now. The county treasury receipts are way more important than a small patch of land on a park edge. I’m hoping that once the election is over, Peterson and Stanley and Gantt will revive this and get that land back to the developer.

  5. Sundance

    With all due respect Judge T. Hoffmann are you saying deeded restrictions or covenants on land are useless….if that’s the case lets tear down the Thomas Wolfe house and put a parking deck there…because it doesn’t matter if its on the national historical register because covenants and deed restrictions are irrelevant. You are basically implying that the wishes of the people who donated the land or property for perpetual public use doesn’t matter one single bit and that is a slap in the face of our rights given to every US citizen.

    You must be one of those wacko judges that feels that written laws or our constitution are irrelevant and you have the right to legislate whatever you please from your bench if you receive the right kick back? Where in the world are you from? George Orwells novel “1984”?

    Get a life, if your in an elected judge rather then life appointment I hope your happy ass gets voted out because we have to many idiot judges like yourself that feel they have the right to legislate new laws from the bench rather then interpret the law like they are suppose too.

    Judge Hyatt did her job an interpreted the law and deed, unlike you who has obviously forgotten what the duties of your office are which makes you incompetent to be on the bench or even practice law!

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