Newspapers / The News-Record (Marshall, N.C.) / June 2, 1988, edition 1 / Page 1
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PUhe news record Serving Madison And Buncombe Counties Vol. 88 No. 21 Thursday, June 2, 1988 2SC~" Weaverville Annexation Goes To Court By BILL STUDENC Editor ASHEVILLE - Superior Court Judge Robert Lewis heard arguments Tuesday in a lawsuit filed by a group of Weaverville residents seeking to overturn the town's annex ation of Reems Creek Golf Club. Lewis did not rule on the lawsuit Tuesday, choosing instead to take the case under advisement - and to take home for further study the stack of legal briefs and two hour's worth of arguments from four attorneys. Attorney Harold Bennett, represen ting a group of six Weaverville residents, argued that Weaverville's annexation of 89 acres of noncon tiguous property of Reems Creek Golf Club violated a provision of state an nexation statutes that says all por tions of subdivision must be annexed. Bennett said that Kenmure Associates, developer of the golf club and residential development, should have also requested that Weaverville annex 161 other acres, including an 18-hole golf course, because they are portions of the same subdivision. "The golf course is the amenity without which the subdivision would not exist," Bennett said. "You can't bite half of the cherry. If you're going to bite it, you've got to bite it all." be said. But Weaverville town attorney Bill Barnes and co-counsel Steve Kropelnicki argued that the golf course is not part of the subdivision that makes up the residential development. State law says that all portions of a subdivision must be in cluded in a request for satellite an nexation, unless those portions are greater than 10 acres, Kropelnicki said. Kenmure has subdivided its pro perty into three portions - the 89-acre residential, the golf course and pro perty for "future development." Each tract is greater than 10 acres. Barnes said. Bennett, however, argued that Ken mure Associates had, prior to a public hearing on the proposed an nexation, subdivided its property into several lots and identified property not included in the annexation "for future development." Maps in dicating those divisions were posted at Weaverville Town Hail and infor mation distributed at a public hear ing indicated that lots had already been sold, he said. But attorney Albert Sneed, who represents Kenmure Associates and who asked to be allowed to join the lawsuit as an interested party, said that those maps are not legally bin ding. Sneed said that only the maps and plats of record - that is, the ones filed with Buncombe County tax and deed officials - should be considered. Kropelnicki joined Sneed in that argument. "We don't have a subdivision just because somebody draws some lines on a map," he said. "If I draw a map of my two or three acres and put some lines on it, I hope my property all of a sudden isn't subject to regula tions for subdivisions." "If that is not a subdivision, I will eat that map, your honor," Bennett said. "They're just trying to cover up a track by drawing a new map without those lines." Town attorney Barnes also argued that the court should not even hear the complaint because the Weaver ville residents had no legal right to file it. Residents of a town contemplating a satellite annexation can voice their opinion during a public hearing, Barnes said. After annexation oc curs, it would be up to the N.C. At torney General's Office to take action to overturn the annexation, he said. -Continued on back page Fire Guts School From Staff Report* Madison County's school bus for handicapped children was gutted by fire while parked in the Laurel Branch section Tuesday. Marshall fire officials say they believe that electrical problems in the bus's engine caused the fire. "Apparently, the fire started near the engine compartment," said Gary Moore, assistant Marshall fire chief. "It could well have been electrical, but it's hard to say for sure because there's not much left." Although arson is not suspected, rire officials say they have not ruled it out. "I doubt that it was arson," Moore said. "We haven't ruled it out, but it doesn't really appear to be arson." Investigation of the fire should be complete by the end of the week, he said. The fire, reported at about 11:05 a.m. Tuesday, was first spotted by David Bower, a salesman who had pulled over at a nearby church. "I was sitting at the church and I saw some smoke," Bower said. "It looked like a little fire off the bank A Marshall firefighther hoses down the inside of a Madison County school bus which caught Are while parked in the Laurel Branch section BILL STUDENC PHOTO Tuesday. Fire officials believe faulty elec trical wiring may be the culprit. and I thought someone was burning brush. Two or three minutes later, the whole front end of the bus was in flames." Bower said he does not believe the fire was intentionally set because he did not see anyone traveling past the bus, which sat on the shoulder of Old N.C. 213, Mars Hill Holds 'Brainstorm' Session By HASSIE PONDER Staff Writer Members of the Mara Hill Board or Aldermen beard several suggestions and ideas were during a special "brainstorming" session held last Tuesday night in Mara Hill Town Hall. Among the topics discussed during the session were weekend garbage pickups, the numbering ot houses in Mars Hill and the widening ot Carl Eller Road. Mara Hill Mayor Joseph Godwin, who called the special meeting, had a suggestion of his own - to number all houses in Mara Hill. Godwin said that since all municipal streets will beget ting names, all houses should be numbered. Such a move would help emergency agencies respond quicker to calls for help, Godwin said. That suggestion spurred a discus sion of how to go about numbering houses. The board made no decision, but agreed to study the issue further Another suggestion came from a woman who attended the "brainstor ming" session. She suggested that town officials do something about the garbage that sits on the municipal sidewalks during the weekends. She also mentioned that something should be done about the trash around the side parking lot of the Ingles shopping center. Godwin made a "hide-bound pro mise" to see that something is done about the trash. Town officials also announced that Carl Eller Road (formerly Big Branch Road) will soon become a three-lane road, going from the traf fic light in downtown Mars Hill to the traffic light at the intersection of N.C. 213 and U.S. 19-23. Godwin started the meeting by thanking the aldermen for their sup port. *5 ; Madison Residents Honor Veterans On Memorial Day From Staff Reports Madison County residents gathered Saturday in downtown Marshall as the Ladies Auxiliary of American Legion Post No. 317 sponsored its annual Memorial Day observance. Among the activities was a parade down Main Street, an ex ?fib.tion tguJuReserve Officers Training QMp aqmadt a flunking booth and crafts sale*. The highlight or the annual celebration was a special memorial service held in Madison County Courthouse featuring Lis ton B. Ramsey, speaker of the N.C. House of Representatives. "For some people, Memorial Day means only the beginning of the summer vacation season," Ramsey told a small group el peo ple who ventured into the cour thouse after earlier activities out side. "But for many of us, it means much more than that." the day la alao a time for Americans to remember the men and women who lost their lives fighting In wars to protect the rights and freedoms that we often take for granted, Ramsey said. "There is really no way we can -Toattamed m back page BILL STUDENC PHOTO House Speaker Liston B. Ramsey delivers a speech during Memorial Day services held Saturday in the Madison Coun ty Courthouse. N. Buncombe Seniors Receive Diplomas By BILL STUDENt Editor ASHEVILLE ? Nearly 900 North Buncombe High School seniors received diplomas Saturday during ! Wolfe Auditorium I The Class of MM is the first group of graduates from the new North Bun combe High School, now completing its first year of use. that's racing through your hearts and racing through your veins, keep that, lock it away and remember it," be Mid. "Ttft memory of this afternoon and this .jdventurc will do absolutely nothing but grow dearer and grow sweeter as the years go by.' Although many graduation ' speak comment that life is a Journey, Martin said, "Life it j more than Just a Journey Life Itself is a gift. Ifs a very special, a very Quarry Opponents File Lawsuit
The News-Record (Marshall, N.C.)
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June 2, 1988, edition 1
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