CARY, N.C. -- Despite a year-long fight by Cary residents, a Wake County judge decided that the Town Council committed no error of law in approving Crosland’s plan for development.

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“We’re disappointed that the judge didn’t see that Mr. Conner, the plaintiff’s attorney, was making a case that things needed to be re-examined and if nothing else the vote was invalid,” concerned resident Lindsey Chester said.

 

Back in July of 2007, Cary Mayor and Town Council voted to approve Crosland’s construction proposal at the corner of Davis Drive and High House Road. Concerned residents including Richard Byrne, filed a lawsuit against the Town claiming that developer changed the geographical boundaries at the last minute for its own gain.

“Through the course of development, the developers could not get the protest petitioners to remove petitions so they gerrymandered the property lines to negate numerous protest petitions,” Byrne said.

 

We contacted both defense attorneys over the phone. The Town of Cary’s attorney had no comment but William Brian, Crosland’s lawyer, had this to say.

 

“It’s clear the court carefully reviewed the merits of the plaintiff’s case and determined that the town and its staff acted properly in the case. The court order speaks for itself and we are very satisfied with the court’s ruling,” Brian said.

 

Byrne said although the group has spent about $10,000 on attorney fees so far. It does have the opportunity to appeal the judge’s decision.

“I think the town of Cary should look at this ordinance, regardless of the outcome here and fix it,” Byrne said.