Mountain X: Status of Parkside property could still be in doubt

Jason Sandford

Jason Sandford is a reporter, writer, blogger and photographer interested in all things Asheville.

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Here’s the story. It’s still evolving, obviously.

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.”

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.

While Coleman still technically owns the land, Ferikes cautioned that it would be a “grave disservice” for him to try to build on or modify it, by cutting down the magnolia tree that’s become a rallying point for Parkside opponents (something Coleman has promised to do in early September.