Cherrytree development fight heads to court Monday

πŸ—οΈ The fight over the 1,000-home Cherrytree development is headed to court Monday. Developer Leland Estates LLC is asking a Brunswick County judge to toss the first-ever resident-led appeal of a development approval in the county β€” and to sanction the residents who filed it.

The case was filed back in April by Winnabow property owners, the Brunswick County Conservation Partnership, and descendants of families buried on the property. They’re challenging the Planning Board’s March approval of roughly 1,000 homes plus commercial space on a 741-acre tract along Cherrytree and Bell Swamp roads β€” a project the board denied last September, then approved 4–1 on resubmission.

The developer isn’t arguing the development issues themselves. Its motion (filed by attorney William Phipps) says the plaintiffs botched filing and service procedures, that some filings may be the unauthorized practice of law, and it seeks Rule 11 sanctions, attorney’s fees, and damages β€” saying a pending property deal has been hurt by the lawsuit.

Monday’s hearing in Brunswick County Superior Court decides whether the case moves forward to a review of the board’s approval, or gets dismissed before the court ever reaches the merits. We’ll report the outcome. πŸ›οΈ

Source: Wilmington StarNews.

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