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Judge upholds Kannapolis annexation on N.C. 3
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Published: January 30, 2009
Updated: 01/30/2009 06:40 pm
CONCORD - CONCORD — A judge upheld Kannapolis' decision to annex the Wayne Bros. property on N.C. 3.
The decision is a setback for Odell residents who filed a lawsuit to force a reversal of the annexation.
Judge Michael Beale ruled against the plaintiffs' reasons — among them, that the city did not follow its own zoning procedures set forth in its unified development ordinance and that the city acting arbitrarily and capriciously on approving the rezoning — and dismissed the motion for a summary judgment.
"We will be in consultation with our attorney about our options," said Fred Wally, the lead plaintiff in the case. "We'll have a citizens' meeting about this."
This is another development in a three-year fight over 75 acres at the corner of N.C. 3 and Odell School Road owned by Keith Wayne, CEO of Wayne Bros., Inc., and a family trust.
Beale heard arguments midday from T.C. Morphis, a Chapel Hill attorney representing the Odell residents, and Rebecca Cheney of Charlotte, representing the City of Kannapolis. After hearing arguments, Beale took nearly two hours to hand-write his findings on the bench before announcing his findings.
Morphis argued that Kannapolis had violated state annexation statutes, saying it was a spot annexation. He also argued that Kannapolis did not follow its own zoning procedures because city officials did not require a detailed site plan from Wayne; that they only accepted a concept plan.
"Because no site plan was submitted, the city couldn't make a reasonable decision," he said.
He reiterated that residents spoke out against the annexation on five separate occasions, voicing their concerns that the project would bring increased traffic on rural, two-lane roads and noise and light pollution.
Cheney argued that the city followed all the proper procedures in respect to the annexation request.
"Voluntary annexation is legal and there is nothing sinister about it," she said. "The statute allows for voluntary satellite annexation. That's all that's happened here."
She also argued that Kannapolis and Cabarrus County, in their long-range plan, identified the Odell area as a high-growth area in the near future.
Wayne has plans to build a mixed-use development on the property that would include a new headquarters for his concrete company, a retail center and medical offices.
He said he was not surprised by the ruling on Friday.
"I didn't think they had any standing for the lawsuit," Wayne said. "I'm not surprised."
He said he still has plans to move forward with his project, and would have made progress earlier but the bad economy has stalled financing.
"We're still working on plans as the economy gets back on track," he said. "Hopefully, we can get something going this year. I'm committed to making it happen."
Kannapolis has agreements with Wayne to extend water and sewer lines out to the property. City Manager Mike Legg said Wayne has agreed to pay about $1 million to extend a sewer line and the city would extend water lines and build a tank and booster station to service the entire Odell area. Total cost would be around $3.8 million, Legg said.
Legg said city staff felt good about their chances in court.
"You certainly never know about any legal proceeding until a judge renders a decision," he said. "We felt good all along that we had done what needed to be done."
The city and the plaintiffs held a mediation session in Dec. 2008 with Judge Clarence Horton. That mediation failed and Horton recommended the parties try for a summary judgment.
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