Tryon, CAFA fail to reach agreement on lawsuit settlement
Published 3:45 pm Monday, August 3, 2009
Hembree says the town was approached by CAFA when the case went to court last month and asked to consider a potential settlement. He says Tryon was &dquo;more than willing to talk&dquo; about a settlement agreement.
The proposed agreement called for CAFA to drop its lawsuit if the town would agree to delay the annexation until Jan.1, 2013. CAFA would also agree not to sue again in 2013.
However, the two sides could not finalize the agreement. CAFA met last week prior to a town council meeting to consider the proposed settlement, but the group did not approve the settlement agreement, choosing instead to wait for the town council&squo;s decision first.
Hembree indicated that the town council was not comfortable approving any agreement if it had not first been approved by CAFA.
At a meeting last Tuesday, the town council tabled the decision and scheduled a continuation of the meeting yesterday at 1 p.m. However, the town decided to cancel yesterday&squo;s meeting.
The town manager says the attorneys in the case have also discussed a possible settlement, but were unable to avoid a return to trial.
The case was scheduled to resume in the middle of August, likely in Henderson County Superior Court. Hembree says it is unclear if a court date is still available then for the case or if it will be delayed. He says he believes both sides are eager to reach a resolution.
The town was sued by CAFA about a year ago after Tryon involuntarily annexed about 406 township residents in the Gillette Woods, Country Club Road, Harmon Field Road and Hwy. 108 areas.