News & Observer | newsobserver.com | Judge dismisses Lake Lynn suit

Published: May 13, 2008 12:30 AM
Modified: May 13, 2008 04:26 AM

Judge dismisses Lake Lynn suit

Owner of tract ponders next move

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RALEIGH - The woman who bought 8 acres of soggy land under Raleigh's Lake Lynn at an auction doesn't know what to do with it now.

Kristin Wallace of Cary bought the land on the eastern edge of Lake Lynn for $12,500 in hopes of selling it at a profit to Wake County or the city of Raleigh.

But neither local government took her up on the offer. Both fought a lawsuit in which her lawyer, H.C. Kirkhart of Cary, demanded that the county drain the lake and the city remove a pedestrian footbridge that spanned an arm of her saturated acreage.

She bought the land at a public auction where the flooded farmland was listed in an attempt by the county to clean up its tax rolls. The county hadn't expected any real bidders.

In court papers, Kirkhart described the flooding, which took place in the 1970s to control area flooding, as "malicious." And the wooden bridge used daily by dog-walkers, joggers and strollers was nothing short of "trespassing" by the city, according to a petition Kirkhart filed in Wallace's behalf.

But Wallace had a major setback two weeks ago. Visiting Durham Superior Court Judge Orlando Hudson Jr. threw out the case.

Wallace is trying to decide what to do with her land and whether to appeal.

"I haven't thought about the direction I want to go in, if any," Wallace said.

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