corolla wild horses in danger from development?
With a July ruling from the NC Appellate Court it’s difficult to say where plans to develop a commercial district in Swan Beach stands, although the quick reading is there is reason for concern for residents and visitors who wish to keep the 4WD area of Carova free from commercial development.
However, because of the remote nature of the proposed development, there remain questions about access, wastewater treatment and freshwater supplies.
The architectural development plans for the development areas were designed by Tymoff+Moss Architects of Virginia Beach back in 2009. The northernmost site is spread across nearly 32 acres around milepost 17. It includes a 270 unit Inn and borders the current US Fish and Wildlife Refuge in the middle of the 4×4 beach. The southernmost site is a massive fishing pier with residential suites spread across nearly six acres of oceanfront property around Milepost 16. Both the inn and pier are designed with shops, restaurants, and other commercial buildings throughout each site.
In remanding the case to the lower court, the Appellate Court overturned almost every finding from the lower court.
The Appellate Court found that the complainants had acted in good faith when they spent $425,000 in the early 1970s to prepare the property for development. The court points out that when the property was purchased, there was no zoning of any kind in the area and from the outset the plaintiffs had indicated they wished to develop the area as a primarily residential subdivision with a small retail center.
Both at the County’s request and for investment purposes, development was delayed until adequate residential development had occurred. Between the time of the original purchase and sufficient homes had been built to justify a commercial investment, the County created zoning that prohibited commercial development of any kind.
The Appellate court sent the case back for further review based on its findings.
The plaintiffs in this case are Swan Beach Corolla, L.L.C., Ocean Associates, LP, Little Neck Towers, L.L.C., Gerald Friedman, Nancy Friedman, Charles S. Friedman, Til Morning, Llc, And Second Star, L.L.C.