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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.
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