Battle Brews Between City and Pack Square Conservancy in Asheville, North Carolina

A battle has been simmering and is now at a boiling point regarding the sale of a parcel of land in the very center of downtown Asheville, North Carolina. A small portion of Pack Place, named for George Pack who deeded the land to the city back in the early 1900's, is at the center of this big controversy which pits politics against conservation and beautification.

Back in November of 2006, County Commissioners voted and approved the sale of a parcel no bigger than 2/10 of an acre to Black Dog Realty. They are planning to construct a 10-story mixed use building with both retail and residential space. The problem is that this particular parcel was voted on as part of what is called a "consent agenda" which is, in essence, a package of matters that the City Council votes on as a part of each meeting's agenda. Simply put, it didn't receive the attention it should have because of how it was packaged and processed by the City Council.

The problem now is the parcel, according to the Pack Square Conservancy, was set aside by George Pack back in 1901 as a piece of land intended for public use by the people of Asheville. The Conservancy, a citizen's group made up of business owners, officials and concerned citizens, is up in arms about the prospect of losing the parcel and not fulfilling the intentions and wishes of George Pack.

George Pack was a philanthropist who, at the age of 54, moved to Asheville. During the next two decades he devoted much of his time and finances to creating the Asheville we know today. He was focused on its beautification, the literacy of its population, and the education of its children. He is seem as something of a founding father of the city, though he later returned to New York where he died. There are several buildings and monuments standing today that are a tribute to the man who gave so much to Asheville. They include Pack Memorial Library, Pack Square, and Pack Place.

Apparently the controversy stems from two separate deeds, both signed by Pack within the year 1901. The first one, created in July of that year, designated the parcel in question, then owned by Pack, to be used for the public, forever, or else be given back to his family. However, another deed, signed in December of 1901, says the parcel should be used for a County Courthouse, offices, or the public, but left out the part about it reverting to the family if these stipulations weren't met.

When the County Commissioners rubber stamped the vote in their November meeting, they did so without having visited the actual site. Certain City Council members declare that they were under the impression that the parcel was a part of the old jail site, and that they didn't know it was part of the park parcel slated for development by the conservancy. Conservancy members believe that had they actually gone to the site, it would have been clear that the parcel in question wasn't theirs to sell. Attorneys for the City, on the other hand, agree that it may not have been the most informed decision, but it was a voted-upon decision none the less and, therefore, is a legal and binding decision. Conservancy members do not agree and intend to contest the decision, according to PackSquarePark.org , the website of the Conservancy.

There is an additional concern which focuses on the selling price. Stuart Coleman, the developer heading up Black Dog Realty, hired an independent appraiser who put the parcel's value at $322,000. That ended up being the actual sale price to which the City Council agreed. Then, in June 2007, the county tax office determined its own valuation of the property to be $600,000, but it was too late to affect the sale.The difference in the two valuations would save Black Dog Realty more than $3200. a year in taxes, according to the Mountain Express, an Asheville-based newspaper.

The Conservancy is involved in the redesigning of the 6.5 acre area which includes the parcel in question. The park, scheduled for completion in 2008, will include a natural amphitheater, fountains, terraces, trees and walkways according to the Pack Place Conservancy's press information. The project is proceeding on schedule, but whether it loses control of the small parcel in question is at the center of this controversy.

Asheville City Commissioner David Gantt, in an email he sent to local conservation activist James Wood, admitted. "We screwed up when the land was sold." The question now, during this heated controversy, is whether George Pack's wishes will be respected. He loved Asheville and is quoted as saying, "I have done in Asheville only what seemed to be my proper part as a citizen and neighbor among the people who welcomed me to Western North Carolina." The final decision of the City Council on the sale will determine whether George Pack will, in fact, rest with the peace of mind that his wishes were respected.