Judge rules against Lakes rezoning
As the attorney for Boiling Spring Lakes predicted, a superior court judge has ruled in favor of three city residents who contend that last year’s rezoning for the proposed Willow Brooke subdivision violated city ordinances.
City attorney Elva Jess said late Thursday afternoon she had received notice from the clerk of Brunswick County Superior Court that judge Gary Locklear, who heard both sides’ arguments Monday before taking the case under advisement, had entered summary judgment in favor of plaintiffs George Ball, David Gockley and Henry Phelps — all city residents who reside or own property within or near the area rezoned.
Jess said she had not yet received a copy of the judgment, which would specify whether the plaintiffs are being awarded any compensation for damages, and if the rezoning is reversed or rendered null and void.
Proposed by local developer 3H Enterprises LLC, the Willow Brooke planned residential development, or PRD, includes separately owned parcels that are scattered throughout the area that was rezoned. Those parcels would not be included in the potentially 600-home development, and only those parcels under contract by 3H were rezoned.
The city’s PRD ordinance requires the applicant to prove “unified control” of all affected properties and agreement of respective property owners. 3H contends that the agreement of other property owners is not required as proof of unified control because their properties would not be developed. The plaintiffs contend that rezoning the majority of the area would essentially seal the fate of the rest, essentially dictating the potential use of those parcels regardless of their inclusion in the project.
Last year, a majority of the city planning board agreed with the plaintiffs’ contention that the application was incomplete, declining to provide a recommendation on the rezoning request to the board of commissioners. Despite the lack of a recommendation, the board of commissioners narrowly approved the rezoning by a 3-to-2 vote.
Proposed for more than 200 acres along N.C. 87 between Fifty Lakes Drive and The Lakes Country Club, Willow Brooke has drawn controversy since it was first presented more than three years ago, as 3H intends to serve the subdivision with a package sewage treatment plant — the first sewer service ever proposed in Boiling Spring Lakes.
• Check back this week for additional updates to this story, and look for further coverage in the November 19 edition of The State Port Pilot.