The development has had erosion violations on a couple of occasions and has been sued itself for erosion damage caused to property owners at the bottom of the mountain.

The lawsuit against Columbus claims that the town, by the acts, representations or admissions of its representatives and employees, &dquo;induced LGI to make substantial expenditures to construct the roads to meet the standards of the N.C. Department of Transportation&dquo; and to complete the required paving.

&dquo;The town expressly and/or impliedly promised to LGI that the required paving needed to be completed in order for the town to accept permanent maintenance,&dquo; states the lawsuit.

Columbus Town Council denied agreeing to take over Chocolate Drop&squo;s roads earlier this year with council members saying at the time they weren&squo;t certain the roads were stable.

The town had previously, in 2007, accepted the roads for maintenance with a one-year warranty period.

LGI is asking for the court to enter in the nature of a writ of mandamus requiring council to approve a resolution that permanently accepts maintenance of the roads. If the court is unwilling to grant such relief, LGI asks that it enter a judgment in favor of LGI in an amount not yet certain.

The suit is planned for mediation to be completed by Feb. 21, 2010 or if the case cannot be settled through mediation that a trial date will be set sometime in July, 2010, according to lawsuit documents.