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Henderson County News

Sixth Avenue property sparks bidding war

A second upset bid has been submitted in the potential sale of property on Sixth Avenue owned by Henderson County.Dr. Leon Elliston in November offered $172,000 for the property, roughly half the tax value. Lemuel Oates, the owner of Manual Woodworkers and Burntshirt Vineyards and a commercial real estate investor, submitted an upset bid of $180,650 — the minimum allowed under the law. Elliston then submitted an upset bid of $225,000. A new upset bid may be submitted by 5 p.m. Feb. 6 for a minimum amount of $236,300. Bidders also must put up a deposit of 5 percent of the total new bid plus legal advertising costs.There is no limit to the number of times prospective buyers can submit upset bids. The Henderson County Board of Commissioners also is not legally obligated to accept a final offer. Commissioners voted in December to advertise the property for sale after Elliston submitted his initial offer.The property at 714 Sixth Avenue West contains a two-story 5,436-square-foot house that was home to the Sixth Avenue Clubhouse, a facility operated by Thrive, a mental health provider. The 112-year-old house is valued at $170,400 and the entire parcel has a tax value of $372,400.   Read Story »

Henderson County News

Fast riders expected for Seventh Avenue races

Organizers hope for a turnout of 300 to 400 speedy bicyclists for the Historic Seventh Avenue Criterium on Sunday, Feb. 26.   Read Story »

Hendersonville News

Wyatt says revised plan addresses HHS parking issue

State Rep. Chuck McGrady said the ongoing fight over HHS construction might force him to abandon his practice of staying out of intergovernmental warfare.   Read Story »

Etowah News

JUDGE ALLOWS COUNTY TO SHED SEVEN FALLS

Unable to recruit a developer to take over and faced with infrastructure costs far greater than a surety bond payment, Henderson County has given up on efforts to salvage the failed Seven Falls project and turned the money over to a court. Henderson County Superior Court Judge Mark Powell on Thursday granted Henderson County's request to be relieved of further responsibility regarding Seven Falls Golf & River Development. After a previous lawsuit against the developer's insurance writer, the county obtained the proceeds of a $6 million surety bond due to the default of developer Keith Vinson, who is currently serving a federal prison sentence for defrauding Seven Falls lenders and property buyers. Vinson sold lots for a quarter-million dollars and up and promised a premium golf course, tennis courts and a retail and services village in the 900-lot development on the French Broad River in Etowah. “After spending much effort and staff time searching for a new developer or another way to obtain the subdivision infrastructure promised to the lot purchasers, it became clear that there was neither enough money from the bond to complete the work nor an alternative method to reach that goal,” County Attorney Russ Burrell said in a news release. "While this litigation was pending, I know that I talked to 15 developers who were in the business of developing subdivisions, and I mean golf course subdivisions, not only locally but all over the country," he said in an interview. "None of them saw it as profitable enough to get involved." Burrell also began negotiating with lot owners and their attorneys to see if they would be willing to organize as a homeowners association and take on the work of competing roads, water and sewer lines and other site work. "They weren't willing to do that because they would have had to assess themselves additional money to do the work," Burrell said. Having exhausted options that they thought might salvage the project, county officials filed motion for summary judgment, shedding Henderson County from the state. Judge Powell agreed. The remaining money, $5,540,077.64, will go from the country treasury to the Superior Court. Powell will appoint a mediator, who is expected to hear from two sides who are in a dispute over how to disburse the money. About 25 to 30 property owners, represented by Sharon Alexander, say a payout should be apportioned based on how much buyers paid for their lots. Developer Scott McElrath who bought around 75 lots from a South Carolina bank that had foreclosed on them, wants the payout to be an equal amount for each lot, regardless of the purchase price. McElrath is represented by Esther Manheimer, a land-use attorney who is also the mayor of Asheville. "That is not our fight," Burrell said of the dispute. "The county will pay the remaining bond funds to the court. The court will then decide who gets what. That fight is going to be determined by the court unless there's some compromise" by the parties before then. Henderson County is also seeking a change in state law that will prevent situations like Seven Falls from happening again. State law sets out the requirement in which developers must have a surety bond as insurance against a project's failure, as happened at Seven Falls. But it says nothing about what happens "if the work isn't done and it doesn't say what happens if there's not enough money," Burrell said. Burrell has repeatedly told his bosses on the Board of Commissioners that the county was sailing in uncharted waters because state law fails to spell out what happens in a failed development with an inadequate bond. He said he spent hours this week talking with bill drafters in the state Legislature who are writing a bill that would fix the problems. State Rep. Chuck McGrady, who was on the Board of Commissioners when Seven Falls was approved in 2006, supports the bill, Burrell said.     Read Story »

Hendersonville News

Sanctuary celebrates 'beerversary' Sunday with 20 brews

A year ago Sanctuary Brewing Company took over all 20 of its taps for the first time ever. In honor of that day, the brewery is throwing its first Beerversary on Sunday.The brewery will pour old and new recipes from 20 taps, the highlight being Sanctuary’s first barrel-aged beer — a blonde sour ale crafted to be reminiscent of Chardonnay. A year in the making, this oak-forward ale delights with an approachable tartness and notes of peach and pear.The brewery will also release its first Imperial Stout, a rich and dark high-gravity ale fermented with Brettanomyces. Eighteen other brews on tap will include playful new recipes such as Oatmeal Cookie Brown Ale, Jalapeno Raspberry Saison, and a new SMaSH (single malt and single hop) brewed with Southern Cross hops. Local favorites will also be available, such as Bobby Beer Jr., a crisp sessionable Kolsch; Hop Pig IPA, a citrusy and balanced West Coast-style India Pale Ale; and the hearty Nitro Joe, a coffee-infused stout.Commemorative glassware will mark the occasion, and customers will enjoy live music all afternoon, including the Americana style of Asheville-based artist Gracie Lane (1-3 p.m.) and the self-described “Dirty Funk n Roll” fun of Virginia-based band Lord Nelson (4-7 p.m.).Founded by beer enthusiasts, philanthropists and animal advocates Joe Dinan and Lisa McDonald in August of 2015, the bar has raised thousands of dollars for local charities since opening. The brewery offers free Sunday meals for anyone in need, and the Kindness Wall outside the main entrance is always stocked with essentials bags for the local homeless population. Recently featured in Thrive Magazine, Sanctuary has even garnered the attention of big names like comedian Ricky Gervais and racecar driver (and recent visitor) Leilani Munter.   Read Story »

Hendersonville News

Shop owner sentenced for illegal gun sales

An Asheville man was sentenced last week to four years in prison for dealing in firearms without a license, U.S. Attorney Jill Westmoreland Rose.   Read Story »

Hendersonville News

LIGHTNING EDITORIAL: Charting a path for the city's growth

City Manager John Connet delivered what amounted to a “State of the City” address before the Planning Board on Monday.   Read Story »

Henderson County News

Driver in fatal crash had history of speeding

District Attorney Greg Newman plans to present the investigation of the Dec. 22 crash that killed a high school senior to a grand jury in March.A State Highway Patrol crash report shows that Matthew Joseph Schmieder was driving 60 mph when he attempted to pass a vehicle on a double-yellow line and collided head-on with a 1991 Chevrolet pickup driven by 17-year-old Derek Lane Miller, who died as a result of the crash. Schmieder was airlifted to Mission hospital in Asheville and hospitalized for four weeks with multiple injuries.“I’ve asked for more evidence from the State Patrol,” Newman said this week. “With Schmieder’s medical condition we don’t feel like we need to be in a real huge hurry and I’ve been in contact of course with the family.“I think a grand jury is what we’re going to be doing. We’re not exactly sure what the charge is going to be right now.” Misdemeanor death by motor vehicle and manslaughter are among the possible charges, he added.Investigators have not been able to interview Schmieder, who has hired Hendersonville attorney Roy Neill.“I was told he got home last week,” Newman said of the driver. “They went to try to obtain an interview and his family members did not feel like he was in a position to do an interview. His medical condition is not great.”A search of public records by the Hendersonville Lightning turned up a total of 15 traffic violations or cases resulting from moving violations such as failure to appear in court or failure to pay fines from 1998 to last November.Schmieder, 36, has had a habit of driving fast from age 17, the records showed.He was stopped for driving 80 mph in a 50 mph zone and failing to stop for a siren and flashing lights in Henderson County January 1980. He received eight more speeding tickets from that time until 2013, according to court and Division of Motor Vehicles records. He was also caught driving 84 mph in a 65 mph zone in 2013 in Rutherford County. In 2005, a Laurel Park police officer charged him with possessing a half-ounce of marijuana after a traffic stop, records show. Records reviewed by the Lightning showed no charge for driving while impaired. Newman, the district attorney, said he was not aware of a DWI charge against Schmieder. His license was revoked at the time of the crash.Troopers investigating the crash said they suspect Schmieder was under the influence of alcohol or drugs in the crash, which occurred at 8 o’clock at night on Kanuga Road between Erkwood Drive and Crooked Creek. As of Monday, the State Highway Patrol had not received a toxicology report on blood drawn from Schmieder, Highway Patrol Sgt. Sgt. C.M. Goodson said. Highway Patrol troopers are working closely with the district attorney on the investigation and will follow his guidance on charges, Goodson said.“We’re just trying to get our ducks in a row to make sure,” he said.Schmieder could not be reached for comment.Derek Miller’s mother said that on the advice of the family’s attorney she was not commenting on the case.Newman said courtrooms are filled with motorists caught speeding once in a lifetime or very rarely in their driving history. Although habitual speeders usually get their licenses revoked, that doesn’t guarantee that they stay off the road.“The charge for somebody like him is the state will revoke his license but they cannot take his car,” Newman said. “As long as he has access to a car and chooses to drive there’s not much the state can do. They’re not required to turn in their car.”   Read Story »

Henderson County News

Don't miss this week's Hendersonville Lightning (114)

You won't want to miss this week’s Hendersonville Lightning.    Read Story »

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