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Jackson County 10/24/01


Forest Hills creates ETJ despite objections
Developers of hotel, condominiums say they will proceed

By Don Hendershot

After a little over an hour of public debate among approximately 30 interested parties, the Village of Forest Hills voted Oct. 22 to create an extra-territorial jurisdiction (ETJ) from “ridgetop to ridgetop.”

The Village Council had recessed its Oct. 1 meeting and re-convened Oct. 22 to address the ETJ ordinance. That Oct. 1 meeting had to be recessed when the University Inn closed for the night at 10 p.m. and there were still people interested in speaking on the issue.

The Village Council recessed Oct. 1 with a motion on the table to modify the “ridgetop to ridgetop” ETJ ordinance to exclude what is known as Area I, including the Lyle Wilson estates and planned developments by James Epley and James Hooper.

Village of Forest Hills Mayor Irene Hooper read that motion when the Oct. 22 meeting opened and put it out for discussion.

Albert Wilson asked the council to remove his property from the ETJ. Wilson said there were restrictions on the property that had been developed and there would be restrictions on any additional property sold. He said he didn’t see how including his property in the ETJ would benefit the village or him.

Also opposing the ETJ was Michael Germano. Germano, who is dean of Academic Services at Haywood Community College, lives in an area that would be included in the ETJ.

Germano said he had no quarrel with what the council did with Forest Hills, but he didn’t think it was right for the Village to impose on other homeowners without guaranteeing them some type of representation. He asked if the council would consider a referendum on the ETJ ordinance.

The most intense debate regarded the proposed developments by Epley and Hoover. Epley has plans to construct 142 apartments. Hoover’s Cox Center development includes condominiums, a restaurant, gas/grocery store, a pavilion and a 60-room hotel/conference center.

Epley reminded the council that their attorney Jay Coward said it was illegal to impose any type of zoning that would devalue anyone’s property. He said that he and Hooper were heavily vested in their projects and there was no choice but to go ahead. He warned that Forest Hills would be liable for any devaluation of his property and/or loss of investment.

Council members were mostly silent during the public discussion and when a suggestion came from the floor to act on the motion, they urged the mayor to ask for a vote.

The council first unanimously defeated the motion on the table to exempt the Lyle Wilson Estates in Area I. Next, it unanimously adopted the proposed ridgetop to ridgetop ETJ plan.

Jim Dukes, a consultant and environmental planner for the Cox Center, and Epley both said they would be proceeding with their development plans.

 

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