Both the McLain family and Iredell County officials were served with copies of the civil complaint and petition filed by local residents.
Snow Creek resident Randy Bridges said Iredell Neighbors for Rural Life — formerly North Iredell Neighbors for Rural Life — received notification that all of the defendants in the civil case have been served.
The civil case was filed in Iredell County Superior Court on Sept. 5 against McLain Farms, the county and the Board of Commissioners.
The court documents ask the court to reverse the Aug. 7 decision to rezone eight acres on Snow Creek Road from single-family residential to heavy manufacturing for a biodiesel plant.
Phil McLain, who manages the farm with his brother Michael, said his family looks forward to the outcome of the case, but they are not going to litigate it in the news media.
“We are not surprised that they done this,” he said. “They threatened that even before the county commissioners’ decision.”McLain believes the county has a good case because commissioners listened to the facts and the experts.
“I’m afraid that the neighbors and the newspaper have not gotten all the facts,” he said. “I am disappointed in my neighbors. I hope they have all considered any repercussions if this case doesn’t come out the way they wanted it to. I don’t want them to be hurt financially because of this.”
County attorney Bill Pope said he knows the county has received the papers, but he hasn’t actually seen the documents.
He expects to look over them in the next couple of days and then formulate the county’s response.
The complaint filed against the county, commissioners and the McLains accuse the county and the commissioners of not following the proper rezoning laws and procedures when the commissioners voted to change the area’s designation.
Pope oversees many of the judicial zoning hearings by administering the oath to witnesses, and helps to enter items into evidence. He was present on Aug. 7, when the board approved the rezoning request.
“I am unaware of any improprieties,” he said.
Iredell County pays Pope a retainer of $1,400 a month, plus legal fees for work done, said Debra Alford, the county’s assistant finance director.
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2 comments:
Phil McLain must be very angry that his plans have been short -circuited by his neighbors. I interpreted his comments as threats toward them. Surely, this upstanding citizen would not be vengeful toward anyone. It will be interesting to see how this turns out and how each side responds to the outcome.
For someone who just proclaimed he was not going to litigate this in the media,Mr McLain sure fired a shot at his neighbors. Is this his "true side"?
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