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Judge rules McLeansville subdivisions to join Greensboro

Tuesday, June 30, 2009
(Updated 7:55 am)

GREENSBORO — Three Mc­Leansville subdivisions near Mount Hope Church Road will join Greensboro today, a Guilford County Superior Court judge ruled Monday.

Judge Catherine C. Eagles advised attorneys of her ruling by phone, attorneys from both sides confirmed. The order must still be drawn up.

But residents aren’t giving up.

They’re looking at options to appeal and are awaiting court action on a motion regarding the validity of the city’s annexation ordinance.

For now, the annexation continues as planned for 287 homes, said Becky Jo Peterson-Buie, the city’s chief deputy attorney. She had argued that the residents were bound by the voluntary annexation accepted by developers between 1997 and 2000.

“It always feels good when the judge rules in your favor,” she said.

James Eldridge, a Wilmington attorney representing the residents, had argued that North Carolina does not allow for the type of restrictive covenant the city described in its case.

“I’m having a hard time understanding the ruling,” he said.

The residents were unaware of the annexation plans when they bought their homes and they don’t believe the city can provide all the services it has offered, said resident Thomas Mellinger.

“I hope tomorrow they can give us a library, the rec hall and bus stops and all the city amenities,” he said late Monday afternoon.

He was one of nearly two dozen homeowners who appeared in court wearing red shirts to show their opposition to the annexation.

Mellinger said the city’s case was weak and the judge didn’t listen to Eldridge’s arguments.

“We never entered into these contracts; the developers did,” he said. “I don’t think it’s right that you have something that’s 10 years old and you’re never told about it.”

Residents won a temporary restraining order against the city and had sought a preliminary injunction Monday to halt the annexation.

Developers of the Hartwood Village, Whitehurst Village and Laurel Park subdivisions — located just east of the city off Interstate 85 — asked the city to annex the land in exchange for water and sewer services.

Residents receive those services but at a higher cost than Greensboro residents, Eld­ridge said.

He argued the city wasn’t following proper procedure because the land was not contiguous to Greensboro’s limits or within the three-mile limit when officials signed the annexation request.

“We’re not saying they can’t take it,” Eldridge said. “We’re saying they have to do it the right way.”

The City Council delayed the annexation once, granting a one-year reprieve in April 2008. The newly annexed area will add about 152 acres to the city.

Contact Jennifer Fernandez at 373-7064 or jennifer.fernandez@news-record.com

Comments

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DaveW

June 29, 2009 - 4:20 pm EDT

Please leave peaceful rural McLeansville alone.

kingboss08

June 29, 2009 - 4:59 pm EDT

no problem , just give up the water , and all the other services of a city like greensboro ,

StealYourFace

June 29, 2009 - 5:37 pm EDT

I agree with kingboss08. Pleading ignorance is no excuse. Residents should sue the developer or the realtors for not disclosing the agreements. Wasting taxpayer dollars to fight the City over a legally biding agreement is nonsense. I say "wasting taxpayer dollars" because it costs the City to fight - just as it costs residents. I can never understand why someone would spend thousands of dollars to an attorney to fight something like this. Citizens who argue they "can't afford to pay the higher city taxes" just look stupid when they give large sums of money to an attorney to fight against annexation. If you don't want to be part of the City, then be willing to give up those services!!!!!

DaveW

June 29, 2009 - 5:46 pm EDT

I don't have any city services and I do not want them.

myvoice

June 29, 2009 - 11:49 pm EDT

People who live outside of the city pay a premium for those services you are suggesting they give up. County residents pay double what city residents pay for the same usage because they are on a different "pricing tier". The reason given by the water department is, that it costs more to pump water to those areas. Please consider, it's not just about water services. Taxes entitles you to certain services and benefits, that unfortunately these communities will not have the benefit of, given the location of those developments. Would you want your mortgage to increase several hundred dollars a month and your only new benefit is trash and leaf pickup?

Jeramy

June 30, 2009 - 9:52 am EDT

Kingboss what other services are you refering too we pay double for city water and sewer, pay a seperate contractor for trash pickup, and pay for our own street lights. We have county fire and sheriff services and its easier and better to go to Burlington to shop or dine out. So what city services are we getting for free! And as far as wasting tax payer money to fight the annexation this city wastes sooo much already this is only a drop in the bucket. All the residents come election time should remember that we will be a part of Diane Bellamey-Smalls district , ONE OF THE COUNCIL MEMBERS THAT VOTED FOR ANNEXING US, great job representing your district force several hundred voters into your district against thier will.

obiwon

June 29, 2009 - 5:54 pm EDT

Waa.......Let's see how this works..
People buy new homes near an existing airport that for years has plans to expand. They know about it but it hasn't expanded so they shouldn't be required to live near an expanded airport when they didn't "think" it would happen.

Developers buy land and sign contracts to have it taken into the city when water is supplied. Water is supplied. People buy the homes but evidently don't read the contracts. Now they want out of them.

Solution to both cases: MOVE!

myvoice

June 30, 2009 - 12:39 am EDT

Unfortunately not everyone was provided a disclosure of the annexation in the contracts. So it wasn't a matter of not reading them. Also, not everyone purchased from the builder. Some residents purchased homes from resalers.

"Waaa" was a litte harsh in your response, so I invite you to take a drive out to those communities to see how far they are from the "city". Selling would not be easy, given they are not close enough to any conveniences (bus line, restaurants, shopping, etc) and no longer far enough to get the benefit of a tax break. Perhaps they should move to Greensboro in one of the subdivisions or areas that not only receive the benefit city services, but still pay ONLY county and no city taxes. So your solution is easier said than done.

WaterBaron

June 30, 2009 - 6:57 am EDT

Whatever the City of Greensboro wants, the City of Greensboro gets!

To find out how the City of Greensboro lied and cheated to get the Randleman Dam, simply type two words--dam scam--into Google and Google will immediately take you there.

Mike Baron
Greensboro's only Water Conservation Manager
1994 to 1999

Rick

June 30, 2009 - 9:21 am EDT

I don't blame them for not wanting to be a part of nasty Greensboro

myvoice

June 30, 2009 - 9:40 am EDT

I live in one of those communities and unfortunately for my family, this is more than about water and sewer services. Because the tax rate will increase from $.83 to $1.37 per $100 dollars of the home's market value, people will see an increase in their mortgage..and I think that we can all agree that any increase is significant during these economic times. Keep in mind that the city is in a deficit of millions of dollars and the services that the taxes entitles you too, will now need to be provided to these extended areas. Can the city afford it? Not really!Sometimes, it's not what you do, but how you do it. The city has known for ten years that it was going to annex this area, but yet no plans were made to provide city services. Not one library, park, or satelite station for police. So those areas will probably not see any other tax priviledge any time soon...and that will be a hard pill to swallow when writing out those increased mortgage checks.

Oh by the way...If you think the city of greensboro can increase their operating costs by servicing those areas and it not financially impact those "in the city" think again. WE ALL will be footing this bill in some way or another.

EGParent

June 30, 2009 - 11:38 am EDT

Thank you Greensboro....now when do you plan on giving East Greensboro our return on our investment...
....a library
....a recreation center
....a public pool
....a substation for the police department
....a substation for the fire protection
....city transportation
....and lets not forget a wonderful city park with walking trails, bike trails, tennis courts, and driving range

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