A prominent zoning critic and attorney has filed a lawsuit against Buncombe County, saying the Board of Commissioners violated state and county rules when passing a new zoning ordinance.

Albert Sneed filed the suit on behalf of Buncombe property owners Thrash Limited Partnership and Lott Parnership II. The suit asks a judge to nullify the zoning measure.

Sneed claims the plan and maps that were presented at an April 24 public hearing had been changed from those approved by the county Planning Board for consideration by the commissioners.

Those changes were made after the county sent notices to property owners advertising the hearing, according to the lawsuit. They included changes to rules about what kinds of structures can be built where.

In response, County Attorney Joe Connelly said that the proper proceedures were followed, and said that he expects a judge to hear the case within the next three months.

Commissioners; Chairman Nathan Ramsey, an outspoken opponent of zoning, said that he hopes the lawsuit is succesful.

Ramsey was joined by Commissioner Bill Stanley in opposing the new rules.

Commisioners David Young, David Gantt and Carol Peterson voted in favor of zoning.

Ramsey said the county should have delayed the public hearing until the revised plans coudl be drawn up and new notices sent out.

They lawsuit also cites what it says was a conflict of interest on the part of Young, who owns a moblie home park in the county. Young should have recused himself from the vote because he stands to benefit financially since the new rules limit where mobile home parks can be placed, the suit claims.

Before the vote, Connelly had told Young that he had no confict of interest and therefore could not recuse himself.

Ramsey agreed, saying that he does not support the lawsuitís claim about Young.

Meanwhile, the zoning ordinance will remain in effect until the court rules otherwise.