Most recently, Maniscalco, 78, filed for a judgment against the town for the amount he has paid in taxes for his Clearview Drive home off Jonathan Creek. He claimed he was in fact de-annexed from the town in 2012 when the board of aldermen voted 3-2 to allow his property to be de-annexed.
However, the board does not have authority to de-annex property — only the General Assembly can approve such a measure through introducing a local bill. Legislators never passed a bill for Maniscalco’s annexation and his property remains in the town limits.
The town also argued that Maniscalco pled guilty and was convicted on fraud charges related to his efforts to get de-annexed in 2013.
A judge dismissed Maniscalco’s complaint on Dec. 23, finding that the town did not owe Maniscalco anything because he still lives in the town limits. The judge also ordered Maniscalco to pay all attorney fees from the judgment request.
Rep. Michele Presnell, R-Burnsville, introduced a local bill during the 2014 short session to have Maniscalco de-annexed but then she pulled it before it ever made it to the floor for a vote.
Maggie Valley Board of Aldermen went into closed session during a Jan. 12 meeting to discuss a legal matter pertaining to Maniscalco, but no action was taken.