Go to the homepage for the Sylva Herald and Ruralite

Cullowhee residents continue to rally against Forest Hills' proposed ETJ

By Rose Hooper
Wayne Hooper of Cullowhee Herald photo by Rose Hooper

Residents in Forest Hills' proposed extra-territorial jurisdiction met Tuesday, April 18, in the Cullowhee Valley School Gym to develop a campaign of opposition. Upon the advice of Rep. Phil Haire, they organized a committee to meet with the Forest Hills board. "Our families have lived in these mountains for generations," said Wayne Hooper, standing, one of the newly-formed committee members. "We've got along well with our neighbors, but we don't tell them when to sow and when to reap. We don't need anybody from Forest Hills telling us how to get along with our neighbors."

After an hour's discussion of what action to take, residents opposed to Forest Hills' proposed extra-territorial jurisdiction organized a committee to meet with the incorporated village board.

"Our families have lived in these mountains for generations. We've got along well with our neighbors, but we don't tell them when to sow and when to reap," Wayne Hooper, one of the newly-formed committee members, said. "We don't need anybody from Forest Hills telling us how to get along with our neighbors.

"And that's what we plan to tell Forest Hills. They can't provide us any services, only impose regulations. We don't need, and we don't want, those regulations. Now I don't know the law, but for a small handful of people to try and tell all of us what to do just seems unfair."
The crowd of 160 residents Tuesday night at Cullowhee Valley School gym agreed. Most lived in the proposed ETJ which, from the Forest Hills entrance, travels south on N.C. 107 to Speedwell, down Speedwell Road to Bo Cove Road until that road ends. Then it follows the existing property lines to the Webster/Cullowhee township lines. Following those lines past Gribble Gap, the proposed ETJ picks up the ridge line, following back to N.C. 107 at the intersection directly in front of the administration building.

"The intent of the original legislation was for long-range planning purposes and to provide water and sewer services to outlying areas," said Hooper, a Jackson County commissioner when the General Assembly passed legislation allowing municipalities ETJ.

Mark Jamison called the ETJ legislation "a bad law, one that in rural areas pits neighbors against neighbors." He asked Rep. Phil Haire, present to hear the peoples' concerns, if the law couldn't be changed.

"I can talk to the League of Municipalities about this since they were the ones who lobbied for it. But you have to understand, certain parts of the state, Wake County, for instance need this," said Haire, Democrat representing the 52nd District of the House of Representatives. "One of the things the law does is keep strip joints or topless bars from springing up everywhere."

Several times throughout the meeting Haire pointed out the differences between ETJ and annexation. State statue allows a municipality like Forest Hills to either create an ETJ or annex up to 1 mile from the town limits.

In ETJ, no services are provided and no taxes are collected. While residents have no vote, they do have representation on the planning board. They can also be subject to the village's zoning and subdivision ordinances.

In annexation, services such as water, sewer, police and fire protection must be provided and taxes are levied. But, to be eligible for annexation, the village must meet the 60-40 rule of property development and density.

"Forest Hills is not eligible to annex at this time," Haire repeated throughout the meeting.

"If we don't get any satisfaction in our committee meeting, we should start working to have the ETJ bill repealed in the General Assembly so other rural communities aren't subjected to this," Hooper said.

Other committee members named include Jamison, Charles Stallings, Carl Shelton, Harriet Parker and Janice Monteith Wright.

"My ancestors were forced out of Cades Cove because of the (National Park System) and out of Swain County because of Fontana Dam," James Montieth, said. "Enough is enough. It's about time we mountain hicks got up on our hind feet and said we're tired of being pushed around."

While some people voiced the opinion that they felt helpless, that Forest Hills would go ahead with ETJ no matter what, Jamison countered, "The law says if the county steps in, they can stop this."

Commissioner Stacy Buchanan, present at the meeting along with commissioners Conrad Burrell and Roberta Crawford, said, "What that means is if we as county commissioners adopt community-based zoning, you could be designated a property rights preservation area."

"But community-based zoning would be another fight, and I don't think you want to get into that either," Crawford said.

Burrell said the commissioners had talked with county attorney Raymond Large about Forest Hills' proposed ETJ. "Mr. Large told us as commissioners there is nothing we can do. But I'm telling you, I'm totally against it. It's wrong for a small incorporated area to tell a large radius of people like yourselves what to do."

"I voted for incorporation, but this ETJ has gotten out of hand. It's like once the camel gets its nose under the tent, next its the hump and soon you've got the whole camel," Bill Thompson, a Forest Hills resident, said. "The best thing we can do is go to the Forest Hills meetings and let them know how we feel."

Mary Holden, whose Speedwell property joins Oak Forest and lies within the proposed ETJ, expressed how she felt.

"My property has been in my family for four generations. We've respected it and taken good care of it," she said. "It saddens me to think that when I pass it on to my three children - the fifth generation - that it might no longer be free land - land they can do with as they choose, but it could be heavily regulated. That's some legacy to leave them, isn't it?"

Jewell Brown presented Haire with a petition signed by 309 residents in the affected area who are opposed to the ETJ. Shuler also gave Haire a list of 63 residents on both North and South Country Club drives who are opposed to the move.

Haire said he thought forming the committee and sitting down and talking with the Forest Hills board was the best plan possible. He urged the committee to get on the board's agenda for its May 1 meeting.

Back to Archive: 04/20/00.