Court dismisses second part of lawsuit opposing development on TCC land
Published 1:47 pm Friday, June 13, 2008
The second half of a lawsuit against Tryon Country Club and the Town of Tryon regarding development plans on country club land was dismissed by Henderson County District Court.
The decision was made on May 27 in favor of the town and the country club concerning the&bsp; town&squo;s decision to rezone the property from P-1 Open Space to R-4 residential in order for the golf course to sell a portion of its property for development.
The first half of the lawsuit concerning the town&squo;s issuance of a conditional use permit was also dismissed in Henderson County District Court in January.
Tryon Attorney Bailey Nager&bsp; says the plaintiffs will have approximately 30 days to appeal the second dismissal decision. He says he does not know whether the most recent decision was going to be appealed but the first decision on the conditional use permit was appealed.
That appeal, he says, may be heard next spring, which means&bsp;&bsp; the country club&squo;s plans will be on hold at least until then. The plaintiff&squo;s attorney, Craig Justus of the Van Winkle Law Firm in Asheville, was not available for comment at press time yesterday.
The lawsuit was filed by 26 residents who live near Tryon Country Club following the town&squo;s decision to rezone some of the country club&squo;s property and allow a conditional use permit for a proposed development.
Dew South Communities, an Upstate South Carolina developer, previously submitted a conceptual plan that included up to 60 residential units on the TCC land.
The developer plans to purchase approximately 51 acres of country club property for the homesites, which would include 40 single family residences and 10 duplexes.
TCC&squo;s membership last year voted in favor of the sale of the land, which was expected to provide $2 million to the country club. Club officials said the money would provide financial stability for the club, which has been steadily losing members each year.&bsp; The money would also help pay for improvements to the 90-year-old-course. The Donald Ross designed 9-hole course will remain where it is currently.