Following changes to the Cashiers Marketplace development plan, a lawsuit has been filed by the Holly Forest Association and the Fairfield Sapphire Valley Master Association Inc., which were granted an injunction to prevent the connection of wells until the lawsuit is resolved.
“It’s still pending,” said Attorney Shira Hedgepeth, who represents the plaintiffs of the case. “Anytime you get an injunction, you end up paying a bond in case you lose, for the potential damages and stuff like that. We paid the bond. They wanted the bond drastically increased and they wanted the injunction to be dismissed. Neither occurred.”
The source of conflict in the lawsuit centers on the use of wells for the Marketplace development, which are located in Sapphire. However, according to Hedgepeth, the land has deed restrictions, which state that the wells can only be used for farming or homes, not businesses like hotels or retail shops.
Hedgepeth argued that using water for any type of development goes against these rules, which as a result, led to the developers to pivot toward a residential model. However, the plaintiffs contend this is still a violation of the deed restrictions.
“The common deeds started back in the ‘70s. These common deeds had restrictions that have ran all the way through and the law says run with the land,” Hedgepeth said. “These deed restrictions have run with the land and you can’t just get to a deed and say, ‘We don’t like that restriction, take it out.’ And that appears to be what happened with their deed.”
Concerns were raised by the Holly Forest Association regarding the lack of additional testing from the wells, with the plaintiffs concerned about the possible long-term effects on the water supply and the environment.
“What they’ve done is a pressure test. That means they tested their wells and when they turn one of their wells on and pulled from the wells, it didn’t drain or the pressure didn’t go down on the other wells. They haven’t done that with the Holly Forest wells,” Hedgepeth said.
Cashiers Marketplace developer Fritz Rybert said attempts have been made to work with the plaintiffs, such as join meetings with the public utility who serves area assuring all the benefits of adding wells to the systems water supply, including additional storage capacity for fire protection on the Plateau.
The revised plan will now be a private residential community, with a variety of residential properties with up to eight commercial parcels fronting along HWY 107.
“The community will still be very pedestrian friendly for the owners, but unfortunately because of the timing and economics, the over 41% of the planned dedicated greenspace will now be less than 22%,” Rybert said.
Additional attempts, according to Rybert, include withdrawing the initial application for an SUP and converting it to residential only and using an alternative water source for commercial component, with offers to hold public meetings for their members education.
“Unfortunately, because of the plaintiff’s refusal to discuss or even relay what they really want, we will be filing an appeal with the Superior Court as well as revised counterclaims against the associations and certain individuals,” he said.
Providing an additional comment on the ongoing situation, Rybert said a majority of partners in Cashiers Marketplace are property owners and homeowners in the Cashiers area. He noted that an alternative would be for the land to be used for additional convenience stores, or auto repair shops, which are permitted uses with no SUPs or variances required.
“The fact is that this property is going to be developed, and we are hopeful it will be by a development team that has a vested interest in the community and truly cares about quality growth,” he said.