Asheville Daily Planet
RSS Facebook
Judge signs ruling to block condo project on parkland
Wednesday, 17 September 2008 17:36

A judge signed a ruling on Sept. 15 that blocks plans for a hotly debated condominium project on land in a park near City Hall.

Superior Court Judge Marlene Hyatt’s ruling prohibits private uses of a small parcel that developer Stewart Coleman purchased from Buncombe County.

Hyatt’s decision amounted to a victory for the descendants of George Willis Pack, who donated downtown parkland to the county in 1901. Pack was a wealthy timber baron and Asheville benefactor.

The family challenged the 2006 sale of the property by filing a lawsuit last year against the county and Coleman’s company.

Their attorney, Joe Perkins, said the ruling is what the Pack family sought. He stressed that that they did not want the property used for private purposes.

On Aug. 28, Hyatt indicated her leanings on the lawsuit to attorneys in the case. However, it did not become official until it was signed and filed Sept. 15 in Buncombe County Superior Court.

The judge said the land “has been and continues to be subject to the offer of dedication by George W. Pack and the acceptance of said offer by the Board of Commissioners of Buncombe County, North Carolina, and that said land shall only be used for purposes consistent with said dedication and acceptance.”

While the ruling did not cancel the sale of the property, it could end Coleman’s plans to construct a nine-story condominium project in the area. The controversial sale prompted a controversy that was debated by the commissioners and City Council.

Opponents contended that Coleman’s building would partially block the view of City Hall and diminish Pack Square Park, but Coleman contended that his condos would bring activity to the park.

The commissioners voted in November 2006 to sell a small corner of City-County Plaza that includes a large magnolia tree to Coleman, along with an adjoining alley and an old building.

Coleman wants to combine the property with the adjacent Hayes & Hopson building site at Marjorie and Spruce streets for his project.

The commissions have said they would consider refunding Coleman the $322,000 he paid for the county land, as well as buying the Hayes & Hopson property for a reasonable price.

 



 


contact | home

Copyright ©2005-2015 Star Fleet Communications

224 Broadway St., Asheville, NC 28801 | P.O. Box 8490, Asheville, NC 28814
phone (828) 252-6565 | fax (828) 252-6567

a Cube Creative Design site