Residents of the upscale Biltmore Lake development have filed a suit against the City of Asheville, claiming it failed to adhere to state law in seeking to annex the property.

The suit, filed in Buncombe County Superior Court, makes it unlikely the annexation of 440 acres will go into effect Dec. 31 as scheduled, according to City Attorney Bob Oast. Resolution of the matter could take as long as two years, he noted.

More than 300 Biltmore Lake residents signed on as petitioners to the suit.

A spokeswoman for the petitioners said residents are opposed to having to pay additional taxes with little benefit in terms of services.

Furthermore, she said, the plan calls for annexation of only a portion of the subdivision, and would therefore divide the community.

The suit claims the annexation ordinance adopted by City Council on Aug. 21 did not meet state standards regarding population density and other factors required for annexation.

Furthermore, it alleges, the plan contains a number of inaccuracies about the number of housing units and average household size in the community.

However, Mayor Terry Bellamy disputed the claim, saying that council and the city staff followed all proper procedures.