Pack Family Wins Lawsuit – End Of Parkside?
ByThe judge hearing a lawsuit challenging Buncombe County’s sale of parkland near City Hall to a local developer is preparing to strike down the land sale, an attorney for plaintiffs says.
Superior Court Judge Marlene Hyatt has asked attorney Joe Ferikes, who represents members of the family of the man who gave the land to the county more than 100 years ago, to prepare a draft order granting his clients’ request for judgment in their favor, Ferikes said at mid-day today.
“It means the case is over and we’ve won,†Ferikes said.
The outcome won’t become official until Hyatt signs an order and it is filed, Ferikes said. It is common for judges in civil cases to have attorneys for the winning side prepare a draft order that becomes the basis for the judge’s order.
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“Louise Pack Metcalf, an East Asheville resident who was one of the plaintiffs, could hardly contain her emotion shortly after hearing the news.“I am so thankful. I just thank God that they left it as parkland,†she said. “I’m thankful that just one time the system worked for the people and not for the big man.â€
The ruling apparently means ownership of the land will remain with Buncombe County. The Packs were seeking simply to overturn the sale and keep the land in public hands, Ferikes has said, not to have the land return to the Pack family.
It’s party time, people. Unless Coleman finds a way to subvert the judge’s ruling, this is game over.
22 Comments
August 28th, 2008 at 1:42 pm
Mountain Xpress follows, has a few more details and reaction:
http://www.mountainx.com/news/2008/judge_rules_in_favor_of_pack_family_on_parkside_lawsuit
Judge Marlene Hyatt has ruled in favor of the Pack family’s lawsuit against the Parkside land sale, according to attorneys on both sides. However, further hearings may be necessary to determine the exact status of the property.
Joe Ferikes, the attorney for the Pack Family, confirmed that around noon today, Hyatt informed him that she had dismissed motions by developer Stewart Coleman’s company, Black Dog Realty, and Buncombe County to dismiss the lawsuit or to rule in their favor, while she had sustained Ferikes’ motion for summary judgement in his client’s favor. Hyatt heard arguments from both sides on Monday. Ferikes added that Hyatt had not yet informed him about the rationale behind her decision.
“There’s still a lot to be done, and there may need to be further hearings to determine exactly what kind of relief is granted,†Ferikes told Xpress. “Also, the defendants obviously have a chance to appeal.â€
The lawsuit argued that George Pack donated the land to Buncombe County around the turn of the 20th century for public use in perpetuity, and thus the county was not within its rights to sell it to Coleman in 2006. Coleman plans to build the nine-story Parkside condominium project on the site and adjacent property.
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August 28th, 2008 at 1:53 pm
Twice now we have fought the County and won.
Now we have to set our sights on the election of people who will not do this, or the Woodfin Power plant fiasco again.
Thanks to everyone.
See you tonight for the best DL until November….
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August 28th, 2008 at 2:04 pm
…and there was much rejoicing. Congratulations Hooligans!!!
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August 28th, 2008 at 2:08 pm
Huzzah!
To all the people who fought so hard to make this possible: It’s folks like you that make living in this community so wonderful.
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August 28th, 2008 at 2:23 pm
As sent to the Parkside Mailing List:
Of all my birthday wishes to come true…
Congrats to everyone! !
We did it – we saved the magnolia – we negated the sale – we preserved our history & our integrity – and we exposed what sort of representation resides within our democratic halls. And we did it without it costing us anything – the only people who lost were the ones who didn’t play fairly. And on the most positive note, we brought together many committed, inspiring, distinct people from amongst our larger community.
Thank you to the tree-watchers! You have braved this battle every moment – and today the sun will shine for you.
Thank you to the writers of blogs and letters, the ones who spoke on behalf of the people. Thank you to the passerby’s who wished us well and signed the petitions.
Thank you to the organizers and volunteers who lent a hand wherever it could be held.
And thank you to George Willis Pack – for giving us such marvelous land that pricelessly enriches our city and community.
Today is our day.
Perhaps we should have a city declaration in naming our prestigious magnolia?
How about the Liberty Tree? Lady Passion used it in her excellent speech at the press conference, and I think it is oh so fitting for what we have accomplished.
The people succeed.
Today, my heart swells with joy –
With gratitude and love –
Jenny
PS – Oh yes, if you have not yet seen the Asheville Mural Project’s mural on the Lexington Ave bridge, which includes a wonderful rendition our the magnolia, do please go at your earliest convenience.
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August 28th, 2008 at 2:39 pm
This is a profound example of how new technology, traditional grassroots activism, and rational public policy can combine to improve the quality of life for everyone, not just corporate interests.
I have been reading about your efforts from my home in Roanoke, Virginia, and I must tell you that following your work to preserve the original Peck family land has given us ideas about how to address land-use issues in the Star City.
Thank you and congratulations!
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August 28th, 2008 at 3:23 pm
Congratulations to the Pack family.
On to the appeal!
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August 28th, 2008 at 3:53 pm
Bill Stanley has reevaluated and written back to Elaine Lite:
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August 28th, 2008 at 3:54 pm
oh… poor widdle billy…. call him a waaaaaabulance someone
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August 28th, 2008 at 3:57 pm
That Non-Warranty Deed likely means Coleman won’t have any grounds to sue or to get any more than what he paid ($322,000).
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August 28th, 2008 at 4:02 pm
See y’all at Drinking Liberally.
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August 28th, 2008 at 4:33 pm
See, I said it was a good thing the judge was from Waynesville.
So I guess the question now is what becomes of the Hayes and Hopson building. Ice cream parlor? Coffee shop? Something, anyway, to activate that side of the park, because apparently that’s an issue.
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August 28th, 2008 at 4:37 pm
Commissioner Stanley’s Kaypro II must not have come with a CapsLock key.
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August 28th, 2008 at 4:52 pm
State court ruling: Priceless
http://www.youtube.com/watch?v=5iFmbrnhjt0
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August 28th, 2008 at 5:07 pm
Oh noes! Tim “treerolled” me!
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August 28th, 2008 at 5:34 pm
We should dig up the little spray-painted target that Coleman sprayed on the park in front of the magnolia tree, frame it and offer it to Coleman so he can sell it on Ebay and recoup his sunk costs.
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August 28th, 2008 at 5:42 pm
PHOTO
Parkside victory dance
http://www.bubbleshare.com/myalbum/448502.fb87b6db610/
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August 28th, 2008 at 7:53 pm
Hurray! Hurray!!!! Way to go everyone. Let’s hold the public officials accountable for this.
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August 29th, 2008 at 8:36 am
From Asheville On The Ground:
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August 29th, 2008 at 8:38 am
From an email:
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August 29th, 2008 at 12:03 pm
Bill Stanley:
I take the commissioner on his word about this.
Now, he should identify the personnel involved and move to fire them.
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August 29th, 2008 at 12:42 pm
This is a beautiful thing. What Im wondering is just how much money Coleman blew in legal fees and wineing and dining, all for nothing. This could make other developers take pause as well.
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