Group vows ‘widespread litigation’ over Wake commissioner’s proposal to sell park land
Wake County leaders can expect “widespread litigation” if they vote to sell the former Crooked Creek Golf Course, an attorney has warned the Wake County commissioners.
Commissioners purchased the former golf course — 143 acres outside of Fuquay-Varina — this summer for a proposed South Wake Park project after months of debate. But with two new members on the board, and at Vice Chair Greg Ford’s urging, Wake County leaders will discuss selling the land at their Monday meeting.
The proposal has raised an outcry from park supporters and, now, a letter to the commissioners from the homeowners’ attorney.
Selling the land would “invariably lead to major uncertainty over the land, may have potential tax ramifications for the parties involved, and, in all likelihood, lead to litigation,” according to the letter Brian S. Edlin, the Crooked Creek Community Association’s attorney.
As part of the county’s list of stipulations to purchase the land, homeowners had to remove their restrictive covenants on the land.
“To make this abrupt ‘bait and switch’ easier to swallow, Commissioner Ford has suggested it would ‘give the owners their covenants back;’ however, legally he does not explain how this is necessary or possible with or without the involvement of the significant number of owners that were duped into voting for the amendment in the first place,” Edlin wrote..
It took a considerable amount of effort to convince homeowners to “trust the county” and remove the covenants, the letter states, adding “we are hopeful the county will not treat its residents so callously” by selling this property.
Ford confirmed he received the letter but said he could not comment on it, upon the advice of the county attorney. He “felt strongly” that the covenants should be put back in place if the county sells the property and he’s been working with county staff to make sure that happens.
“I am undeterred,” he said. “I think this is still the right thing to do, that the purchase was the result of bad governance. I think it was rushed. I think it was the result of politics in an election year. I am hoping my proposal passes on Monday and good governance is again the law of the land in Wake County.”
Supporters of the park plan to hold a news conference at 4 p.m. Thursday at 4621 Shady Greens Drive in Fuquay-Varina.
This story was originally published January 2, 2019 at 1:01 PM.
