The battle lines have been drawn in Maggie Valley as residents facing a forced annexation say they will file suit to block the town’s attempt to bring them into its corporate limits.

Maggie aldermen voted unanimously last Tuesday (May 8) to annex two separate tracts totaling 182 acres. Opponents have 40 days from that day to file a legal protest.

“One thing that stood out was everybody asking ‘what is the town going to do for me?’” said Mayor Ralph Wallace prior to the vote, referring to the tapes he listened to of the annexation public hearing. Wallace had been hospitalized and was unable to attend that meeting. “Let me turn it around - what are you going to do for us?”

That comment drew catcalls from the 150 people attending the hearing, most of whom apparently opposed the annexation.

Other aldermen also tried to put a positive face on the annexation as the crowd responded with derisive remarks at almost every comment.

“I’ve talked to a lot of people, some for this and some against. But all have the interest of Maggie Valley at heart,” said Ernie Ulmer.

Vice Mayor Roger McElroy reminded those attending the meeting that annexation laws are set by the state.

“Every town has to do it the same way. If you don’t like it, you have to go to the state to change it,” McElroy said.

The two separate tracts are located on separate sides of Soco Road, the main drag that runs through Maggie Valley. One is 60 acres and includes residential areas around Rich Cove while the other is south of Soco Road and includes homes and land around Campbell Creek Road and Rocky Top Road.

The two tracts will add 464 residents and 209 dwellings to the town and increase its tax base by $14.5 million. Maggie Valley has a relatively low tax rate of 40 cents per $100 of valuation, but it also does not provide the kind of routine services common in most towns - garbage pickup, fire protection, water service and street maintenance.

Street maintenance is uncommon in the town because many of the town’s streets don’t meet minimum standards through which the town could receive state Powell Bill funds. Garbage, fire and water are all provided by entities other than the town, though the Maggie Valley Sanitation District does work closely with the town to provide water and sewer service.

Town leaders have pledged new services to make annexation more palatable to those in the proposed areas: it is discussing standards by which it will take over what are now considered substandard streets, and it is willing to take over septic service for residents in the newly annexed areas until sewer service is available. It is also considering the feasibility of municipal garbage service.

The town will garner approximately $150,000 per year in additional revenue from the annexation, with approximately $60,000 of that coming from additional property taxes and the rest from additional tax reimbursements due primarily to increased population.

Most of those opposed to the annexation are doing so based on the economics of the issue. They complain that they will get little or nothing for the additional 40 cents per $100 of assessed value they will pay in property taxes.

Others, however, say the fact that they are being forced to join the town gives them no choice except to fight.

“With election to a public body comes an obligation to support the wishes of the populace,” said James Brown.

Kyle Edwards was an alderman for 21 years and a vocal supporter in 1974 of efforts to form a town from the strip of businesses along Soco Road.

Now he is wholeheartedly in favor of taking the town to court.

“We made a verbal contract with people in 1974 that we wouldn’t do this (forced annexations). I know a new board doesn’t have to follow previous boards, but we made a commitment to the community, and they ought to respect that,” said Edwards.

“I can’t see that the town is going to gain anything from this. They can tax the people to death and still can’t do what they say they are going to do,” Edwards said. “I’m for the town, but I’m not for this.”

Richard Flowe has helped Maggie Valley with the logistics of the annexation. He said that while residents can delay paying taxes by filing a lawsuit challenging the annexation, it is untrue to say that the town’s vote is taxation without representation.

“It is annexation without representation. The truth is that there is an election in October, so residents will get to vote for aldermen before they receive their first tax bills,” Flowe said.

Opponents have formed the Good Neighbors Association of Maggie Valley and have raised $12,000 of the $20,000 necessary to retain one of the two law firms in the state specializing in fighting forced annexations. The opposition has sent out more than 200 letters to residents who have not yet returned to their summer homes, and have appointments next week to begin interviewing prospective law firms.
“Both firms say they are willing to take the case, and they both said they would not take it if they did not think they could win,” said Paul White, who has helped organize opponents.

 

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