[Date]

Mayor Terry Bellamy
Vice Mayor Holly Jones
All Members of the Asheville City Council
Asheville, North Carolina

Re: Forced Annexation of Biltmore Lake and Other Areas Surrounding Asheville

Ladies and Gentlemen:

I urge you to reconsider your position when voting on whether to pass the Resolution of Intent to Annex Biltmore Lake and other areas that are NOT in need of City services, and VOTE NO.

Rather, as a responsible City Council, who is looking out for its’ residents’ best interests, you should concentrate on allowing voluntary annexations of areas that are truly in need of your services.

Forcible annexation is inherently unjust, in that the targeted areas have absolutely no say (i.e./vote) in their “representation” at City Hall. Please be assured that if you proceed (and are successful) with these forced annexations, we will not forget, and we will vote you out of the office you used to perpetrate these injustices!

Furthermore, if you decide to proceed with these forced annexations, please consider the following: The recent case of Nolan v. Village of Marvin, 360 N.C. 256 (2006) is a major victory against forced annexation, and the issues addressed in this case are directly relevant to the situation at hand. In Nolan, the North Carolina Supreme Court ruled that the “Village did not substantially comply with the statute because the services to be provided simply filled needs created by the annexation itself, without conferring significant benefits on the annexed property owners and residents as required by statute. NCGS 160A-35(3) is grounded in a legislative expectation that the annexing municipality possesses meaningful services to extend to the annexed property.”

We expect that Nolan-type issues will be involved in your proposed annexation of the Biltmore Lake area, as the residents in the Biltmore Lake area are not in need of any of the services the City proposes to provide. In fact, they would experience a degradation of services in the case of police and fire protection, if annexation were to occur. In addition, it appears that the City of Asheville is primarily seeking to increase its tax base, rather than to serve those in need.

Please be assured that if you proceed, your actions will be litigated fervently by the Biltmore Lake property owners. Due to the likelihood of a costly, prolonged legal battle that will almost assuredly end with the wasting of many City tax dollars, and a legal victory for Biltmore Lake residents, your City constituents will ultimately become disenchanted with the purported wisdom with which you lead them.

The money you would need to invest to attempt to forcibly annex Biltmore Lake would surely be better spent on enhancing the City’s existing infrastructure, and your constituents would see an immediate return in that enhanced infrastructure, rather than a draining of the City coffers for a very unworthy cause that has little hope of fruition.

Again, I urge you to VOTE NO when it comes to passing the Resolution of Intent to Annex Biltmore Lake, and other areas where involuntary annexation is proposed.

Respectfully,
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