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Property owner files suit in effort to avoid annexation
By Lynn Hotaling
In an effort to avoid annexation by the town of Webster, a local property owner has filed a lawsuit, contending that Webster officials did not follow proper procedure when they decided to expand their city's borders.
Ken Gillis, who owns about 7.8 acres – including Jack the Dipper ice cream shop – of the 43 acres around Rivercrest subdivision that Webster plans to annex, filed the complaint Oct. 25.
Documents on file in the Jackson County Clerk of Court's Office indicate that Gillis has asked the court to overturn Webster's decision to annex his property.
Gillis made his objections to the proposed annexation known to Webster town leaders during an August meeting and asked officials to delay their vote until he could seek legal counsel.
"It never occurred to me that I might be annexed into a situation that is completely unprepared and unwilling to accommodate the continued business use and enjoyment of my property," Gillis said in an Aug. 23 letter to Webster board members.
Gillis, who receives income as landlord of Jack the Dipper and rental units on the same 5.6-acre parcel, initially objected to the proposed annexation because Webster has no zoning classification that allows for commercial use of property. Jack the Dipper would be allowed to continue to operate, but if the business use ever changes, any new use would have to be approved by Webster's board.
Webster Mayor Steve Gray said in August that he would ask the town's planning board to explore the establishment of a business zoning classification for Gillis' property along N.C. 107, including the Jack the Dipper site.
Gray repeated that intent this week.
"I feel the lawsuit is unnecessary because our plan is to create a commercial district that would include the ice cream shop," he said Tuesday.
According to Webster officials' June 17 annexation resolution, the Rivercrest area will become part of the town on Aug. 31, 2005.
Gillis' lawsuit, filed by Asheville attorney Albert Sneed, makes no mention of Webster's lack of a commercial district. Instead, it lists alleged procedural violations, all of which are denied in Webster's Nov. 22 response, prepared by Cashiers lawyer Bill Coward.
Webster first announced its intent to annex the Rivercrest area during a called April 19 meeting and finalized plans on June 17. In addition to Gillis, a majority of Rivercrest residents opposed the annexation and signed a petition urging Webster officials to drop the idea until such time as the town could provide services to the area. Despite the protests, Webster's town board members voted in favor of an annexation ordinance on Aug. 26.
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