Cary project weighed | Wake County | Indy Week
Pin It

Cary project weighed 

click to enlarge followup.jpg

The future of a controversial Cary development at the intersection of Davis Drive and High House Road is in a judge's hands, with a decision expected by the end of the month.

Citizens have been fighting the mixed-use development they say is too dense since the Cary Town Council approved it in late July. (See "Cary citizens file suit over rezoning.") On April 17, they had their day in court.

Wake County Superior Court Judge Michael Morgan heard arguments brought by 19 residents who object to the 42-acre project, which includes apartments, stores and offices. The plaintiffs are asking the court to overturn the council's approval of the proposal.

"The plaintiffs want their day in court," said Nick Herman, attorney for the town. "That's a legitimate right, and it's something we all ought to have. But there are two sides to this. Life goes on."

Charlotte-based real estate development company Crosland also has intervened in the case, enlisting the Kennedy Covington law firm.

The council approved the plan July 26 on a 4-3 vote, helping spur outrage that fueled the ouster of the incumbent mayor and some council members last fall. DavisandHighHouse.org, a group co-founded by one of the plaintiffs, continues to be active in town politics.

Residents' attorney James Conner argued his clients were "gerrymandered" out of the process when the project's boundary lines moved while it was under consideration by town leaders.

"I seldom see language that clear that's been violated as clearly as it has in this case," he said.

Herman, the town's attorney, and William Brian, representing the developers, argued for dismissal of the case, saying the court did not have jurisdiction and that the plaintiffs' complaint was "confused," improperly worded, and that action was taken too long after the fact.

"This case doesn't belong here," Brian said. "It's the wrong case at the wrong time, the wrong place, the wrong courthouse."

Herman said the town, believing the case was "dead," annexed the property in January, and that developers have spent $3 million buying ancillary property.

Conner agreed the language of the initial complaint was flawed, but said his clients had otherwise followed the proper procedure. He rebuffed Herman's argument, saying, "That is a common tactic of developers—to move forward on projects like this in the hopes that they can convince a judge to feel sorry for them that they've spent that money. They knew we were challenging this."

Comments

Subscribe to this thread:

Add a comment

INDY Week publishes all kinds of comments, but we don't publish everything.

  • Comments that are not contributing to the conversation will be removed.
  • Comments that include ad hominem attacks will also be removed.
  • Please do not copy and paste the full text of a press release.

Permitted HTML:
  • To create paragraphs in your comment, type <p> at the start of a paragraph and </p> at the end of each paragraph.
  • To create bold text, type <b>bolded text</b> (please note the closing tag, </b>).
  • To create italicized text, type <i>italicized text</i> (please note the closing tag, </i>).
  • Proper web addresses will automatically become links.

Latest in Wake County



Twitter Activity

Comments

It is so very interesting how some people seem to believe that our vote belongs to one side or the …

by Steven J. DiFiore II on In Wake County, the Libertarians Are Coming—and They’re Not Just Old Whites Dudes Looking to Skip Out on Taxes (Wake County)

In the Montessori School of Raleigh Defendants' Answer and Affirmative Defenses to the 18 CVS 000702 case in Superior Court …

by Sam Harrison on Lawsuit: The Montessori School of Raleigh Turned a Blind Eye to a Teacher’s Sexual Abuse of His Students (Wake County)

Most Recent Comments

It is so very interesting how some people seem to believe that our vote belongs to one side or the …

by Steven J. DiFiore II on In Wake County, the Libertarians Are Coming—and They’re Not Just Old Whites Dudes Looking to Skip Out on Taxes (Wake County)

In the Montessori School of Raleigh Defendants' Answer and Affirmative Defenses to the 18 CVS 000702 case in Superior Court …

by Sam Harrison on Lawsuit: The Montessori School of Raleigh Turned a Blind Eye to a Teacher’s Sexual Abuse of His Students (Wake County)

Seems like the red tape and bureaucracy needs to be cut down considerably, both for the landlords and the renters.

by Timothy Oswald on As Raleigh’s Housing Crisis Worsens, Its Housing Authority Is Having Trouble Convincing Landlords to Participate in Its Section 8 Program (Wake County)

https://www.google.com/amp/www.foxnews.com…

Another incident where a child was harmed BECAUSE leadership did NOTHING when concerns were brought …

by forourgirls on Did the Montessori School of Raleigh Fire a Beloved Teacher Because She Talked to the Cops About the School’s Sex-Abuse Scandal? (Wake County)

Just commandeer property at gunpoint and give it away for free. There's nothing more progressive than that.

by E Pluribus Wombat on As Raleigh’s Housing Crisis Worsens, Its Housing Authority Is Having Trouble Convincing Landlords to Participate in Its Section 8 Program (Wake County)

© 2018 Indy Week • 320 E. Chapel Hill St., Suite 200, Durham, NC 27701 • phone 919-286-1972 • fax 919-286-4274
RSS Feeds | Powered by Foundation