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Copyright 2007 Asheville Citizen-Times. All rights reserved.
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ASHEVILLE — It’s the right of noncity residents to fight annexation, Vice Mayor Holly Jones said, but court costs and lawyer fees will drain taxpayer money that could be spent in other places.
Jones made the comments Monday about Biltmore Lake residents’ plans to fight involuntary annexation.
“I obviously would prefer to not have to use Asheville city taxpayer dollars in court,” the vice mayor said. “But it is also their right as part of due process,”
Residents of the subdivision said it would be cheaper to pay court costs than city taxes.
Tonight, the City Council is set to vote on annexing three areas: the subdivision and the Sardis Road and Schenck Gateway areas.
Council will meet beginning at 5 p.m. at City Hall. Jones said she has not completely made up her mind, but the plan appears in line with council’s recent vote to pursue an annexation policy that targets places “urban in nature” or that meet other state qualifications.
The subdivision residents calculated that city taxes would tack $1,699 onto the current Buncombe County tax bill of a $500,000 home and that even if they can’t stop annexation, delaying it would be worthwhile.
North Carolina is one of a handful of states that allow forced annexation by cities.
“Even a two- or three-year delay would amount to a substantial amount of money, and it would be worth the legal effort,” resident Forest McMillan said.
Jones said much of the problem stems from a state law aimed at Asheville that prevents the city from making annexation a requirement for city water service. The law also prevents the city from charging non-city water customers more. Biltmore Lake has city water and regional sewer service.
“It’s a very great example for why we need to have the ability to negotiate on annexation prior to all this with residents and developers,” she said.
If council votes for the annexation tonight, the areas could officially become part of Asheville on Dec. 31.
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Copyright 2007 Asheville Citizen-Times. All rights reserved.