The Court of Appeals ruled that Pack's offer to the county called for Pack Square, not the land he gave, to be dedicated to public use forever.
Two 1901 deeds signed by Pack do include limitations on the use of the land. But the court ruled the limits in the first deed are overridden by another part of the document.
The second deed indicates the land should be used "forever ... for the site of a County Court House, County Offices" and related purposes. But the judges ruled that deed is irrelevant because Pack had already given up control over the land in the first deed.
RALEIGH — Land near Asheville's City Hall does not have to remain public, N.C. Court of Appeals judges ruled today, siding with developer Stewart Coleman.
The decision by a unanimous three-judge panel reverses a Buncombe County Superior Court judge's ruling that the county commissioners' sale of land to Coleman was invalid. The 2006 sale of the grassy spot dominated by a large magnolia tree,
Coleman last month withdrew his application for the condo building and is pushing ahead with plans for a restaurant and bar on part of the property.and Coleman's plan to build condominiums on it has drawn criticism since it became public.
Descendants of land donor George Willis Pack sued Coleman's company and the county, saying their ancestor intended the land to be used forever as a public space.
Today is a GOOD DAY for Private Property Rights and Freedom!!!
We must remain vigilant because there is no way that the Lefties and those that worship the Collective will accept the ruling of the appeals court.
Below is a picture of Wiccans in Asheville beneath the Magnolia Tree worshipping their Dark Lord, Satan...