No money in Tryon’s budget for annexation lawsuit

Published 1:48 pm Friday, June 12, 2009

Tryon Town Council discussed this week that there is currently no money allocated in next year&squo;s budget for an upcoming lawsuit against the town for its involuntary annexation last year.

Tryon Councilman Austin Chapman mentioned to council members this week during a budget workshop that a hearing is scheduled for the lawsuit next month and the town spent $76,000 on a lawsuit last year by residents over the town&squo;s decision to rezone Tryon Country Club property in order to sell it. The annexation hearing was rescheduled this month until July 13 and will be heard during a Polk County Civil Superior Court session.

Chapman said Tryon has spent $21,000 on annexation and legal fees to date and the town should expect court costs for the lawsuit given the $76,000 in court costs for the previous lawsuit.

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&dquo;That gives you some idea of what we&squo;re looking at when the case goes to court in July,&dquo; said Chapman. &dquo;Right now, we have nothing budgeted for legal fees associated with annexation.&dquo;

The town and the Tryon Country Club were cleared ofwrongdoing in the country club lawsuit last year, but that ruling was appealed by the residents. The ruling was appealed on June 26, 2008, but court dates have yet to be scheduled. The appeal will be done at the N.C. Court of Appeals.

Tryon was sued again after involuntarily annexing properties in the Gillette Woods, Harmon Field Road and Country Club Roads of its township last year. The annexation cannot be finalized until the lawsuit is settled. This is the third lawsuit the town has dealt with over the past few years with the current annexation lawsuit, a previous annexation lawsuit where the town decided to rescind its decision and annex different properties and the country club lawsuit.