This web site has been set up to keep the residents of the Coddle Creek and Odell communities informed on the rezoning efforts by the City of Kannapolis regarding property owned by Wayne Brothers Concrete Company and Crosland Development Company. These parcels are bordered by Mooresville Road, Davidson Road, Sudbury Road, and Odell School Road. Part of this land was the site of the Coddle Creek baseball field. The property is now zoned CD which allows industrial, commercial, and warehousing operations. This zoning also permits big box retail stores. It is our goal to have this property rezoned to O/I or agricultural/open space. This is the zoning of the thousands of acres of land that surround this property. Help us to keep Kannapolis from turning western Cabarrus County into their dumping ground. Thanks.

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The Latest News From Stop Rezoning Now

(Newest Information is in RED)

 

04-30-2015:

 

UPCOMING BBQ on Saturday, May 1st

At the Intersection of Highway 3 and Odell School Road

 

 We are having our next BBQ fundraiser on Saturday, May 2nd. We will be serving from 10 AM until sold out. BBQ plates with all the fixings will be available as well as BBQ sandwiches. All profit from the sale goes to pay legal bills in our fight against the City of Kannapolis. Our lawsuit is trying to stop the construction of a 75 acre industrial park from being built in our community. Please come out Saturday and enjoy a good meal and at the same time support the lawsuit. Thanks for your continued support.

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02-19-2015:

 

UPCOMING BBQ on Saturday, March 7th

At the Intersection of Highway 3 and Odell School Road

 

 We are having our next BBQ fundraiser on Saturday, March 7th. We will be serving from 10 AM until sold out. BBQ plates with all the fixings will be available as well as BBQ sandwiches. All profit from the sale goes to pay legal bills in our fight against the City of Kannapolis. Our lawsuit is trying to stop the construction of a 75 acre industrial park from being built in our community. Please come out Saturday and enjoy a good meal and at the same time support the lawsuit. Thanks for your continued support.

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10-06-2014:

 

UPCOMING BBQ on Saturday, October 11th

At the Intersection of Highway 3 and Odell School Road

 

 We are having our next BBQ fundraiser on Saturday, October 11th. We will be serving from 10 AM until sold out. BBQ plates with all the fixings will be available as well as BBQ sandwiches. All profit from the sale goes to pay legal bills in our fight against the City of Kannapolis. Our lawsuit is trying to stop the construction of a 75 acre industrial park from being built in our community. Please come out Saturday and enjoy a good meal and at the same time support the lawsuit. Thanks for your continued support.

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6-24-2014:

UPCOMING BBQ on Saturday, June 28th

At the Intersection of Highway 3 and Odell School Road

 

 We are having our next BBQ fundraiser on Saturday, June 28th. We will be serving from 10 AM until sold out. BBQ plates with all the fixings will be available as well as BBQ sandwiches. All profit from the sale goes to pay legal bills in our fight against the City of Kannapolis. Our lawsuit is trying to stop the construction of a 75 acre industrial park from being built in our community. Please come out Saturday and enjoy a good meal and at the same time support the lawsuit. Thanks for your continued support.

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4-24-2014:

BBQ THIS SATURDAY

At the Intersection of Highway 3 and Odell School Road

 

 We are having our next BBQ fundraiser this Saturday, April 26th. We will be serving from 10 AM until sold out. BBQ plates with all the fixings will be available as well as BBQ sandwiches. All profit from the sale goes to pay legal bills in our fight against the City of Kannapolis. Our lawsuit is trying to stop the construction of a 75 acre industrial park from being built in our community. Please come out Saturday and enjoy a good meal and at the same time support the lawsuit. Thanks for your continued support.

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12-3-2013:

BBQ THIS SATURDAY

At the Intersection of Highway 3 and Odell School Road

 

 We are having our next BBQ fundraiser this Saturday, December 7th. We will be serving from 10 AM until sold out. BBQ plates with all the fixings will be available as well as BBQ sandwiches. All profit from the sale goes to pay legal bills in our fight against the City of Kannapolis. Our lawsuit is trying to stop the construction of a 75 acre industrial park from being built in our community. Please come out Saturday and enjoy a good meal and at the same time support the lawsuit. Thanks for your continued support.

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9-30-2013:

BBQ THIS SATURDAY

At the Intersection of Highway 3 and Odell School Road

 

 We are having our next BBQ fundraiser this Saturday, October 5th. We will be serving from 10 AM until sold out. BBQ plates with all the fixings will be available as well as BBQ sandwiches. All profit from the sale goes to pay legal bills in our fight against the City of Kannapolis. Our lawsuit is trying to stop the construction of a 75 acre industrial park from being built in our community. Please come out Saturday and enjoy a good meal and at the same time support the lawsuit. Thanks for your continued support.

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9-15-2013: UPDATE ON MONDAY'S SUPERIOR COURT DECISION

The following information was written by Tom Terrill in NC Legal Landscapes. He gives a legal perspective on the the "one owner rule" as it applies to spot zoning. Mr. Terrill is a lawyer who specializes in municipal law.

As you can see from the topics in the right hand column I have a category dedicated to “spot zoning.” As I said in a previous blog post: “Somewhere in our judicial history spot zoning was described by one court as ‘a small tract of land owned by a single person and surrounded by a much larger area uniformly zoned.’ Every later spot zoning decision seems to have adopted the ‘single person ownership’ standard without an ounce of thought deeper than ‘that’s the way previous courts did it.’”
And then, in exasperation with the Court’s “single owner” standard, I said this: “Zoning is not about title. Zoning is about use.”  I was ecstatic that the state Supreme Court accepted this spot zoning case, but disappointed that it punted before carrying the ball all the way into the end zone. But, to continue the football analogy, I’m happy for the yardage we got.
In fact, Justice Timmons-Goodson, who wrote the Wally opinion, said this: “Zoning ordinances regulate land use, not ownership.”
Attorneys can’t say this in court, but in this blog I can say “See? I told you.”
So where has our law been? According to the single owner standard, if a 3 acre tract surrounded by miles of low density residential zoning is converted to heavy industrial zoning for a foundry, it is spot zoning if the tract is owned solely by Sally Smith. However, if the tract is owned by Sally and her brother Sam as tenants in common, it is not spot zoning. This type of rote judicial repetition does little to advance land use jurisprudence.
Side bar: I write this blog to provide case commentary rather than case descriptions. It’s a problem that Court of Appeals panels are obligated to follow precedent established by an earlier and errant N.C. Supreme Court decision, even when the earlier decision facially displays jurisprudential stupidity. End side bar.

 

Unfortunately, the Wally court concluded that because plaintiffs prevailed on their other cause of action (e.g. the consistency statement) it was not necessary to reach a decision on spot zoning. But even without providing a decision per se, it discussed spot zoning anyway, giving an attorney in a future case the opportunity to persuade the Court of Appeals that it must follow Wally and get away from this focus on title rather than land use relationships.

Now lets put all this in layman's terms. Imagine a scenario where you are robbed by someone with a gun. The person is caught and is charged with armed robbery. So far so good. Now imagine that there are two robbers with guns holding you up. They are caught and charged with armed robbery. When the case goes to court, the judge lets them go because the law says that it is not armed robbery if two or more robbers are involved. The case is dismissed and the robbers get off scot free.

This is what happened to us in court Monday. North Carolina state law says that there can be no illegal spot zoning if there is more than one property owner. Because there are two owners of the Wayne / Crosland property, The lawyer for the City of Kannapolis asked the judge to dismiss the case and he did. Quite a convenient situation for Wayne Brothers Concrete Company and the City of Kannapolis. Rather than letting this case be heard in court and a decision be made on the facts of this matter, Kannapolis decided to hide behind a glitch that was written into state law.

Our goal now is to get this case back on track. We plan to appeal the Superior Court decision and move forward in getting this illegal spot zoning nullified. We will update this website as events unfold.

Because we will incur more legal fees than originally planned, we are going to have more that two BBQ fundraisers per year. Our next BBQ will be on October 5. We are also planning a BBQ for December. Please plan to attend these fundraisers.
We also appreciate your donation to the Odell Legal Fund.
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9-05-2013: Just a reminder that we will be in Cabarrus County Superior Court this Monday concerning the complaint made by the City of Kannapolis and their lawyers against us. They claim that our lawsuit over the rezoning of the Wayne / Crossland property to allow an industrial park is frivolous and the case should not be allowed to proceed through the court system. They even want the court to make us pay the city's legal fees. The city and their lawyers think so little of the citizens of our area that they don't even want us to be able to exercise our right of due process under the Constitution. Perhaps they need to look at a map and realize that Cabarrus County is still in the United States. If you would like to witness this attempt to rob us of our rights, come to the Cabarrus County Courthouse at 9:30 am. Look for the civil court where Judge Bell is presiding. We will have another BBQ fundraiser Saturday, October 5 at Mooresville Road and Odell School Road. This is the same site we have used for the last few years. Come out and support your community and at the same time have a great meal. Thanks for your continued support.

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8-20-2013: Contrary to rumors going around, NC House Bill 500 is not dead. In fact, there is a good chance it will be heard in the short session of the NC legislature. This bill would retroactively repeal a law passed in 2007 that allows the city of Kannapolis to annex Cabarrus County properties north of Highway 73 and west of the Coddle Creek Reservoir. If House Bill 500 was to become law, no properties more than 3 miles from the contiguous city limits of Kannapolis could be under city control. All of these properties would revert back to county control.

 

In short, if this bill were to become law, an industrial park could not be built in our area. High density residential developments such as the one proposed for Davidson Road could no longer be built. The county zoning ordinance would prevent this.

 

Everyone needs to contact the legislators in Raleigh, especially those who represent Cabarrus County, and tell them in no uncertain terms that you want this bill passed. They should also be told that you will be watching how they vote and will remember what they do when election day rolls around. You also need to send a note of thanks to Representative Larry Pittman and Representative Carl Ford. Rep. Pittman wrote the bill and Rep. Ford has acted as a sponsor.

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8-21-2013 LAWSUIT UPDATE:

We will be in Cabarrus Superior Court on September 9, 2013. The city of Kannapolis has filed a motion to have our lawsuit dismissed because they say it is frivolous. They are even asking the judge to make us pay the city's legal fees. The case will be heard in Courtroom number 5 with the Hon. Judge Robert Bell presiding. T.C. Morphis of the Brough Law Firm in Chapel Hill will represent us. Rebecca Cheney of the law firm Hamilton, Stevens, Steele, and Martin located in Charlotte will represent the city.

 

The Kannapolis city officials and their lawyers have made this motion to dismiss in an effort to run us out of money and to also try to intimidate us. Rather than just letting our lawsuit against them be heard on it's merits, they have instead decided to use legal stall tactics. The city officials and their lawyers do not seem to understand that we have rights too. When they try to shove an industrial park down our throats, and then ignore our concerns, all that is left is to file a lawsuit. Now they are saying that we should not even have the right to have our case heard in a court of law.

 

If you agree that we should have the right to oppose the construction of an industrial park in a rural area, and if you agree that we should have the right to have this matter decided in a court of law, then please consider a donation to the Odell Legal Fund. All proceeds go to pay our legal bills.

 

We will also be holding our fall BBQ fundraiser on October 5 this year. The BBQ will be at the intersection Odell School Road and Mooresville Road (highway3). All money from this BBQ will go to pay our legal bills. Thanks for your continued support.

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08-09-2013: We are having a BBQ on Saturday, August the 17th, to raise money for our legal fees. The BBQ will be at Mooresville Road and Odell School Road, right across from where the proposed industrial park will be built. We will serve from 10 AM, until sold out. Donations and fundraisers such as this one are our only source of income to pay the legal bills.

 

Please plan on attending and enjoy a good meal, while at the same time supporting the Odell community. Be on the lookout for our next BBQ in the month of October.  Thank you.

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6-12-2013: We have been notified that the Kannapolis City Council will consider the voluntary annexation of 123 acres of land in the Odell community at their June 24, 2013 meeting. This property is very close to the Wayne/ Crosland site and is known as the Barbee / Finger property. Additional information can be obtained by contacting the Planning Department of the City of Kannapolis. The city council meeting will begin at 6 PM at the Kannapolis train station. The Kannapolis Planning and Zoning Board will hold a public hearing for the rezoning of this property on July 10, 2013. This meeting will also begin at 6 PM at the Kannapolis train station. As we receive more information about this annexation and rezoning, we will update the web site.

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6-6-2013: A lawsuit has been filed against the City of Kannapolis over the zoning they applied to the Wayne Brothers Concrete Company / Crosland Development property. As you may know, in March the city rezoned this property back to a CD status, which will allow industrial and large commercial development. This is the same zoning that was declared invalid by the North Carolina Supreme Court last year. A copy of the summons and the complaint are attached.

 

It is obvious that people that run the Kannapolis city government have no respect for the rights of others. They think it is perfectly fine to shove an industrial park that they don't want near them down our throats so a developer buddy can make a lot of money. They do not care about the impact on our quality of life, our property values, the safety of our families on overcrowded roads, or our thoughts for the future of the Odell community. That is why this lawsuit was filed.

 

If you think that what Kannapolis is trying to do to us is wrong, please consider making a donation to the Odell Legal Fund. All donations go to help pay our legal fees. This will be a long and expensive battle and your help is needed.

 

Donations can be made online, or mailed to:

The Odell Legal Fund

P.O. Box 122

Davidson, NC 28036

 

As always, thank you for your support.

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4-19-2013: We are planning an informational meeting with our legal firm on the evening of either April 29 or 30. This meeting will be open to donors, volunteers, and supporters. The meeting will take place in Chapel Hill, NC.

This meeting will explain our plans moving forward to contest the recent zoning that the City of Kannapolis put on the Wayne / Crosland property. This zoning will allow industrial, commercial, and big box retail operations to built on the site.

If you would like to attend, please contact us at stoprezoningnow@aol.com. Please list your name, your phone number, and the email address that you want us to send information to. We need this no later than Monday, April 22. We will send you detailed information about this meeting on or before Wednesday, April 24. Thanks for your continued support.

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4-10-2013: We are having a BBQ this Saturday, 4-13-2013, to raise money for our legal fees. The BBQ will be at Mooresville Road and Odell School Road, right across from where the proposed industrial park will be built. We will serve from 10 AM, until sold out. As you may know, the City of Kannapolis has again rezoned this property CD. This will allow it to be used for commercial and industrial purposes. They do not want to talk about this zoning with the Odell community. This means that we are looking at having to once again file a lawsuit. Donations and fundraisers such as this one are our only source of income to pay the legal bills.

 

Please plan on attending and enjoy a good meal, while at the same time supporting the Odell community. Thank you.

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3-10-13: An online petition has been created by a local area resident, to call on the North Carolina Legislature to repeal retroactively the law that allows Kannapolis to annex property more than three miles from its contiguous boundary.  Please sign this important petition by following the link below.  As always, thank you ever so much for your continued support.

 

http://www.gopetition.com/petitions/repeal-kannapolis-special-annexation-rights.html

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3-5-13 | IMPORTANT MEETING: The Kannapolis City Council will meet on March 25 at 6 pm to hear the appeal of the CD zoning applied to the Wayne / Crosland property. The meeting will be at the Kannapolis train station. This will be the last chance to stop Kannapolis from zoning this property for industrial and commercial use. Once the city council approves this zoning, the only other recourse to stop this industrial park will be to initiate a lawsuit. Please put this meeting on your calendar and plan to attend. Thanks.

 

News from Raleigh: Our state representative, Larry Pittman, is working on a draft bill that would retroactively repeal the legislation that allowed Kannapolis to go more that 3 miles from it's contiguous city limits and annex the Wayne / Crosland property. You can help Larry by showing your support for his bill. Please send him an email telling how Kannapolis has used the current legislation to benefit a private developer at the expense of the citizens of western Cabarrus County. Representative Pittman is willing to go to bat for us. The least we can do is to show him we stand behind him. Contact Larry at: Larry.Pittman@ncleg.net. Our other two elected officials, Senator Fletcher Hartsell and Representative Linda Johnson may be interested in your comments also. They are the ones to thank for the change in the law that allowed Kannapolis to annex the Wayne / Crosland property. In a meeting Friday, Representative Johnson said she saw no problem with allowing the Wayne / Crosland property to be an industrial park. Senator Hartsell was supposed to attend the meeting but had to cancel out because of another engagement. The email address for these two public servants are listed below:

Linda.Johnson2@ncleg.net  |  Fletcher.Hartsell@ncleg.net

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2-11-2013: Today an appeal was filed with the City of Kannapolis. This appeal contests the validity of the CD zoning that was applied to the Wayne / Crosland property at last weeks Planning and Zoning Board session. This zoning matter should now be referred to the Kannapolis City Council for a vote. When we find out information about when this meeting will be held, we will put it on the website.

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2-10-2013: IMPORTANT MEETING THIS SUNDAY There will be a community meeting this Sunday, 2-10-2103, to discuss the CD zoning that the City of Kannapolis gave to the Wayne / Crosland property. This was done Wednesday night. We will meet at the Lions Club Hut, located at the intersection of Highway 73 and Odell School Road. The meeting will begin at 3 pm. We will discuss the options available to fight this zoning. Keep in mind that the CD zoning will allow industrial plants, warehouses, large commercial buildings, along with big box retail stores to be built on the site. One building is already in the works. If you do not want a 75 acre industrial park to be built in our area, please plan on attending. This is a very important meeting and will determine what we do moving forward. Please make every effort to attend. Make sure your neighbors know about this meeting. Take time to email others and ask them to attend. Thank you.

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2-7-2013: Last night, the City of Kannapolis Planning and Zoning Board voted to put a CD zoning on the Wayne / Crosland parcel of land. There was a good turnout of citizens who opposed this action, but it was also no surprise that the board voted for this zoning. This is the same zoning that was put on the property in 2007 when we took the matter to court. This zoning will allow industrial buildings, commercial facilities, warehouses, and big box retail stores on the site. All good for the developer but no good for the residents. There will be a community meeting this Sunday afternoon, February 10. We are working now on a place and time. As soon as this information is available we will post it on this website. Please try to attend so we can decide how to move forward on this bad decision by the City of Kannapolis.

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1-30-13: The City of Kannapolis Planning and Zoning Board will meet on February 6, 2013 at 6 pm. The meeting location is the train station in Kannapolis. The board will vote on the proposal to zone the Wayne Brothers Concrete Company site as CD. This zoning was proposed at the January meeting but was tabled by the board until this meeting. This is the same zoning they put on the property 5 years ago when they annexed it. After a long court battle, this zoning was declared invalid by the NC Supreme Court. If this property is zoned CD, industrial, heavy commercial, warehousing, and big box retail development will be allowed. Please plan on attending this meeting and speaking out against this rezoning. It is not compatible with the zoning of the rest of western Cabarrus County. Don't let the City of Kannapolis use us as their dumping ground.

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01-8-13:

URGERNT!

The Kannapolis Planning and Zoning Commission is set to hear the rezoning request for the Wayne property tomorrow (Wednesday, January, 9th) at 6 p.m. at the Kannapolis Train Station. Please see the following article from the Independent Tribune, and plan to attend this event if at all possible.  Thank you.  Odell residents vow to fight business park - The Independent Tribune

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1-5-13: Here is the agenda packet for the January 9, 2013 planning and zoning meeting where petition Z-13-01 will be heard. This is the public's chance to express concerns or objections to this property being zoned to allow industrial uses. The meeting will be at 6 pm at the Kannapolis Train Station. Please plan to attend and let your views be known.

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12-20-12: The Wayne Brothers Concrete Company has been issued a permit by Cabarrus County to construct a building on the 75 acre site that Kannapolis annexed. In addition, the City of Kannapolis started the zoning process for this property with the December 13 neighborhood meeting they held. They plan to zone the property as CD, which is the same zoning the property initially had on it before the court nullified the zoning. The next meeting that the City of Kannapolis will have is a formal public hearing on January 9, 2013. We will list all the details of this meeting as soon as we receive it. The notice from the City of Kannapolis is also shown in the following letter.

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12-11-12: The City of Kannapolis has scheduled a neighborhood meeting to discuss the zoning that will be applied to the Wayne Brothers Concrete Company property. The notice is shown below, and in the following letter. This is the public's chance to let the city know what you think about an industrial park on this property. Please plan to attend.

 

"Please be advised, a Neighborhood Meeting will be held on Thursday, December 13, 2012, 6:00 to 8:00 pm at the Kannapolis Train Station located at 201 S. Main Street, to discuss the Administrative Rezoning of two properties located within the City of Kannapolis. The site is more formally identified as PIN#’s 4673-47-7388 & 4673-56-2624 and will be considered for a Zoning Map Amendment to apply CD – Campus Development zoning to these properties. These properties do not currently have a zoning designation. All adjacent property owners have been notified via first class mail and copy of the letter and map are attached for your information. If you have any questions or comments, please do not hesitate to contact me at the number listed below.

 

Kassie G. Watts, AICP, CZO Assistant Planning Director City of Kannapolis, North Carolina

o: 704-933-5999 or 1-800-650-3925 ext. 112  |  f: 704-933-6160  |  kwatts@benchmarkplanning.com"

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12-3-12: State Representative Larry Pittman will be holding a town hall listening event this Friday, December 7, 2012 from 7 pm to 8:30 pm, at Odell Elementary School. This event will be at the new school located right off Harris Road. Larry is coming to the community to hear what the concerns and problems are that we the residents would like him to work on. Please take advantage of this event to voice your concerns and comments to Larry. Let him know what you think about the City of Kannapolis wanting to allow industrial development in our community.

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11-29-12: URGENT!!  Please read the following PDF flyer by clicking this link.  Make copies, and distribute to as many other community members as possible.  There will be a community meeting this Sunday, December 2nd, to discuss how we move forward. The meeting will be at 6 pm at 9006 Sandburg Drive, Concord, NC.

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BBQ Flyer

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3-18-2012:  The North Carolina Supreme Court has issued a ruling in our court case against the City of Kannapolis.  They deterzmined that the rezoning that was put on the Wayne Brothers Concrete Company site (Concretecere) was illegal.  The City of Kannapolis was notified that the zoning was no longer valid.  A copy of the Supreme Court decision is attached.  We will have information in the next few weeks as to what the City of Kannapolis plans to do.

 

Our immediate goal is to now finish paying for our legal costs.  Please check in with the SRN site to see when we will be holding our next fundraiser.  We would also appreciate any donations sent in to help pay these legal fees.  This court battle against the city has gone on for five years.  We are happy that we won the case but still need your support.

 

Click Here to View the Supreme Court Decision

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3-14-2011:  We will have a planning meeting for our April BBQ fundraiser Sunday March 20, 2011 at 4 pm at Yvonne and Roy's house. From the intersection of Highway 3 and Odell School Road, head east on Highway 3 towards Kannapolis. Turn left on  Sheridan Drive and follow the road until it makes a sharp left turn. You will be at the address which is 9006 Sandburg Drive, Davidson, NC 28036. We hope to see all of our old supporters as well as some new folks. We look forward to seeing you there and appreciate your help.

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3-9-2011: IMPORTANT MEETING NOTICE
We will have a meeting this Sunday March 13, 2011 to start working on a future fundraiser for the Odell Legal Fund. The supporters group that met at the Lions Hut  on February 27 voted by a 83% margin to appeal our lawsuit against Kannapolis to the North Carolina Supreme Court. This will wind up costing more money than we have in the bank account so we need to start the ball rolling on a fundraiser. The meeting will be held at Yvonne and Roy's house at 4 pm. The address is 9006 Sandburg Lane. From the intersection of Odell School Road and Highway 3, head toward Kannapolis. Turn left on Sheridan Road and follow it till it starts to bear to the left. The house will be right in front of you. Our past fundraisers have been very profitable but they require a lot of help. So please mark your calendar to come to the meeting this Sunday. Thanks and we look forward to seeing you Sunday.

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2-21-2011: IMPORTANT MEETING NOTICE

All supporters of Stop Rezoning Now and the Odell Legal Fund are invited to an important meeting to discuss whether or not to petition the NC Supreme Court to hear our case against the City of Kannapolis. The meeting will be held this Sunday, 2-27-2011 at 3 pm. The location will be the Lions Club Hut at the intersection of Highway 73 and Odell School Road. We will vote on which legal option we will take as well as discuss the legal fund and it's status. We will be getting additional information in this week that we will share. Please mark your calendar to attend. We need to hear your opinions on this very important matter.  
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2-21-2011  After looking over the decision of the NC Court of Appeals, the Brough Law Firm has given us the legal options that they feel we should decide on. One option is to file a petition for this case to be heard by the NC Supreme Court. The other option is to do nothing and let the appeal court decision stand. If it is decided to file a petition, it must be done by March 22, and we will have to let the Brough Law Firm know by no later than March 7.

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02-19-2011:  The North Carolina Court of Appeals has finally handed down a decision on our lawsuit against the City of Kannapolis. Unfortunately, they decided to uphold the original court decision. This means that the rezoning that the City of Kannapolis gave to the Wayne Brothers Concrete Company / Concrescere property for use as big box retail and industrial sites stands.   The Brough Law Firm is looking over this decision and will advise us of what they recommend we do. This information should be on the website in the next week so please check back for more details.  For a copy of the Court of Appeals decision, Click Here.  As always, thanks for your support.

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8-3-2010:  The North Carolina Court of Appeals issued decisions today. No opinion was issued on our case. The court will issue decisions again on August 17. We will post any information we receive from the court on this website as soon as we get it. Thanks for your continued support.
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7-20-2010  The NC Court of Appeals handed down decisions today. No decision was made on the lawsuit against the City of Kannapolis. The next date the court will issue decisions is

August 3, 2010. When the court does issue a decision, we will post it on this website as quickly as possible. Thanks for your interest and support.
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4-28-2010  We are still waiting to hear from North Carolina Court of Appeals on our lawsuit against the City of Kannapolis. As soon as we get a decision from the appeal court, we will post all information on this website.

19.463 acres of land that was part of the Wayne Brothers Concrete Company development was recently sold at a foreclosure sale held at the Cabarrus County Courthouse. The land was sold due to lack of payment on a note held by Carolina First Bank.

Highway 3 Investors LLC has filed for bankruptcy. This is one of the corporations that was set up to develop the Wayne Brothers property.

The Wayne Brothers Company office trailers that were located on the site of the old Coddle Creek ball field are being pulled from the site. One office trailer is already gone and the other two are in the process of being removed this week. The Wayne Brothers Company sign has also been taken down. 

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3-11-2010  The North Carolina Court of Appeals issued it's latest group of opinions the first of this month. Our case was not among them. As soon as an opinion is delivered by the court, we will post it on this website. 

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2-05-2010:  According to information received today from the substitute trustee for First Carolina Bank; the 19.463 acre tract of land where the Wayne Brothers Concrete Company trailers are located will be offered for sale to the highest bidder on

February 8, 2010 at 10:45 am at the Cabarrus County Courthouse.  

 

D. Keith Wayne and Highway 3 Investors LLC failed to make payment to First Carolina Bank on a loan secured by this property. This will be a foreclosure sale. Please be advised that this foreclosure sale could be postponed to a later date. As we receive additional information, we will post it.
 
The SuperBowl BBQ sale that was to be held this weekend has been canceled due to the bad weather. We will be planning our next BBQ for early spring. Thanks for your support.
 

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1-20-2010  We just received a letter from the North Carolina Court of Appeals. Our lawsuit against Kannapolis will be heard on Thursday, February 11, 2010. The panel of judges hearing the case are Ann Marie Calabria, Martha Geer, and Linda Stephens. The court has decided that there will be no oral argument by the attorneys. The judges will study the legal briefs both sides have submitted, discuss the lawsuit, and at some point render a judgment. It may be several months before we get this decision. We will update the website as we get additional information. Please consider a donation to the Odell Legal Fund to help us pay our legal bills. Thanks

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1-05-2010  The foreclosure sale of the Keith Wayne property has been rescheduled to February 8, 2010 at 10:45 am. All other details are the same as before.  We will check to see if this sale is postponed a few days before February 8, and post the status on the website.
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12-31-2009:  Attached is a copy of the legal notice stating that 19.463 acres of the Keith Wayne property will be put up for public sale on 2 pm , January 6, 2010 at the Cabarrus County Courthouse. Highway 3 Investors LLC and Keith Wayne are in default on a loan against this property and the bank is putting the land into foreclosure.

 
This action does not affect the lawsuit that we currently have before the North Carolina Appeal Court. This lawsuit is against the City of Kannapolis over the industrial and commercial use zoning that they applied to this property when they annexed it. Even if this foreclosure results in new owners for the property, the commercial and industrial zoning will still apply unless we win our case. We expect the appeal court to hear this case the first part of 2010. Please help support the opposition to an industrial site in our community by making a donation to the Odell Legal Fund. All donations go to help pay for attorney fees. Thanks.

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12-11-2009 The following information appeared in the newspaper, BUSINESS TODAY.  It is a very interesting article about the development that is planned on the site at Highway 3 and Davidson Road that was zoned for commercial and industrial uses by Kannapolis. We are contesting the zoning of this site with our appeal to the court.

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12-11-2009 The City of Kannapolis has filed it's brief with the North Carolina Court of Appeals. To read the brief, navigate to the appellate court website and click "search". You then enter the case number, which is 09-1080. You can then click on the document you wish to read. As we get closer and closer to this case being heard, please consider a donation to the Odell Legal Fund to help pay for the legal fees associated with fighting the Kannapolis rezoning.

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11-20-2009  The appeal against the City of Kannapolis continues.  The brief from the City of Kannapolis, NC will most likely be filed in the month of December.  You will be able to see it on the like we have made to the North Carolina Court of Appeals.

 

Thanks to all the customers and volunteers who helped to make our November 7th BBQ sale the best one yet!  Fun was had by all, and we have received  many complements about the food served.  We are currently planning to hold our next BBQ the Saturday directly before Super Bowl Sunday.  Plates, loose BBQ by the pound, sandwiches, and whole BBQ butts will be offered just like last time. 

Also, we plan to offer Complete BBQ Packages which will include BBQ butts, slaw and buns designed especially for your Super Bowl party.  These packages can be picked up on Saturday. 

We are limited in the amount of BBQ we can cook at one time, so if you wish to preorder a BBQ package, please call 704-788-9504.  Thanks to everyone for all your help.

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11-11-2009  Our brief regarding the lawsuit against the City of Kannapolis, NC has been filed with the North Carolina Court of Appeals.  The next step is for the City of Kannapolis to file its brief.  These briefs are public information, and can be found on the appeal court's website.  To look at information on this case, CLICK HERE.  Once on the website, click SEARCH, then enter the CASE NUMBER which is: "09-1080".  You will be given the option of choosing which documents you wish to look at regarding this case.  As always, notifications will be made on StopRezoningNow.com whenever new information becomes available. Thank you for your interest and support. Also, please consider donating to assist in the payment of legal costs for this appeal.

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10-05-2009 We will have our first fall fundraiser this Saturday, October 10. We will have a BBQ starting at 11 am and running till we are sold out. The location is at Benton Farm, which is on Highway 3 between the intersection of Odell School Road and Davidson Road.

 

The menu will include plates (BBQ, beans, buns, and slaw) for $8.00, sandwiches at three for $8.00 or $3.00 each, BBQ by the pound for $8.00, and Whole Butts for $7.00 per pound cooked weight. Whole butts must be preordered by calling 704-788-9504. You can eat on site or get take outs. The food will be great and all proceeds go to the Odell Legal Fund. Thanks for supporting our lawsuit against Kannapolis.

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9-24-2009   We will be having a meeting this Sunday at 4 pm to start planning a fall fundraiser. The fundraiser will help pay our legal costs for the appeal we have filed with the North Carolina Court of Appeals over the Kannapolis rezoning of the Wayne Brothers Concrete Company property. We will be needing lots of help with the fundraiser so please plan to attend.  The meeting will be at 3695 Odell School Road. This house is north of the intersection of Windy Road and Odell School Road and is near the Stegall Stables. This will be a short meeting and we hope to see you there. Thanks

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8-26-2009: We have made payment to the North Carolina Court of Appeals to have the lawsuit against the City of Kannapolis heard. We have been assigned Case Number 09-1080. As additional news is received, we will post it on the website.

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8-20-2009: This is an update on where the court appeal stands that was filed against the City of Kannapolis over the Wayne Brothers Concrete Company property rezoning. This is the development named CONCREscere with the signs posted on Highway 3, Odell School Road, and Davidson Road.

Our attorney has notified us that the RECORD ON APPEAL has been sent to the North Carolina Appeals Court. What happens now is that the NC Court of Appeal's Clerk's office will reprint the record for the court and both parties. This should take around a month. Once our attorney receives that record from the court, he will respond with a written BRIEF within thirty days. The brief is our chance to argue why we believe the trial judge erred and why the Wayne Brothers Concrete Company rezoning should be reversed. The City will then have thirty days to file their BRIEF, and after that, there is the possibility that our attorney will also have to file a short REPLY BRIEF. After the briefs are filed, the NC Court of Appeals will let our attorney know if it wishes to hear oral arguments in the case (the Court of Appeals does not hear oral arguments in every case).
Just like the original lawsuit, this is a slow process. It becomes easy to forget that the lawsuit is still out there, but be assured that everything is being done in a proper and orderly fashion. We are very optimistic about winning this appeal against the City of Kannapolis over the zoning they allowed to occur on the Wayne Brothers property. Also, please remember that the bills for the legal costs of this lawsuit still keep coming every month and have to be paid. Please consider a donation to the Odell Legal Fund. You can also help us by supporting upcoming fundraisers that we will be posting on the website. Thanks for your help.

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6-09-2009 Please remember that the Highway 3 Music Festival will be held this Sunday, June 14, at Benton Farm located on Highway 3 (Mooresville Road) near the intersection of Highway 3 and Odell School Road. Gates open at 1 pm and the bands start at 3 pm. Tickets are $10 per person, ages 10 and under free. We will have music, good food and concessions, and a silent auction. It is not too late to donate items for the auction. Please call 704-788-9504 or 704-784-4094 if you have any items we can put in the auction. We hope to see you Sunday.

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5-28-2009: We are pleased to announce the first Highway 3 Music Festival.  This benefit will take place on June 14, 2009.  Gates open at 1:00 P.M. and bands start at 3:00 P.M.  The event will be held at Benton Farm, 10920 Mooresville Road, Davidson, NC.  This is midway between Kannapolis and Mooresville on Highway 3.  The bands playing include the "PART TIME BLUES BAND", "MATTER of FACT", and "LOOSE CHANGE".  Cost of admission is $10 for adults, under 10 free.  We will have BBQ catered by Doug "HOGMAN" Carver, along with a silent auction.  Seating is on the ground so bring your chairs, blankets, shade/sunscreen.  Everyone is donating their services for this benefit.  Please support your community and show up for music, food, auctions, and fun.  NO GLASS PLEASE!  Rain date TBA.
We are still accepting items for the silent auction. Please call 704-788-9504 or 704-784-4094 if you have an item you would like to donate.  Thanks again and we hope to see you on the 14th.

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5-05-2009: We are planning several fundraisers in the next few months for the Odell Legal Fund. These include a concert and a community yard sale. We will need volunteers to help work these events. There will be a volunteers meeting on Sunday, May 17, at 4 pm outside the Lions Hut (corner of Odell School Road and Highway 73) Please try to attend and help us work out the plans to help raise money to pay for the legal costs of our appeal against the City of Kannapolis. Also, please note that we have added a PayPal feature to the website so you can make an online donation to the Odell Legal Fund. The PayPal site is totally secure and they process the donation for us, but none of you credit card or checking account information is sent to us. PayPal is part of Ebay and is used by millions of people worldwide to send money. Our attorney is now working on data needed in order to take our legal case to the North Carolina Court of Appeals. Please consider a donation so we will have the funds to take this case to trial.

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4-16-09 Folks: Here is the story of where we stand on the legal fund to pay for the appeal against the illegal rezoning of the Wayne/Wallace property by the City of Kannapolis. Most of you have ignored our requests for donations. A lot of you that made monthly pledges have never sent in any money. Because of this, we have very little money in our bank account. One bill for legal fees could wipe us out. This will probably happen in the next month or two. Once we lose our lawyer and miss just one deadline, the appeal becomes dead and Kannapolis wins. You also get a 75 acre industrial park and concrete plant at the corner of Odell School Road and Davidson Road. If this is what you want, fine. Do nothing. If this is not what you want to see our community become, then you need to start making contributions to the Odell Legal Fund NOW. If you think you can hide in the shadows and some one else will pay for all of this, you are dead wrong. Make up your mind now to either start helping to pay for this lawsuit or shut up an get ready for the mess that is coming. Also, if this appeal fails, welcome to Kannapolis as a newly annexed citizen. Helping to pay for this lawsuit now is going to be a whole lot cheaper than paying Kannapolis property taxes the rest of your life.

These are the facts. Make your mind up soon.

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3-26-2009: An appeal of Judge Beale's decision on the Kannapolis rezoning of the Wayne/ Wallace property to commercial/industrial use has been filed with the North Carolina Court of Appeals. This will be a slow and somewhat expensive legal process. We have received donations as well as pledges to help pay for the legal expenses of this appeal, but we do not have near enough money to pay for the entire cost of this appeal. Without the money to complete this appeal, Judge Beale's decision will stand and the Wayne/ Wallace property will turn into a mix of big box retail, commercial and industrial sites. If this happens, it will cause more of these kinds of developments to come to our area. Your property values will drop and we will lose the rural flavor of this area.

We are making an urgent request for donations. We need money now to pay immediate legal costs and are also asking for pledges to help pay for future legal costs. A lot of the pledges we have received are for one dollar a day for one year. Some people have pledged $50 per month for one year. Whatever you can give will be appreciated. Please remember that if we do not have the money to pay our legal bills, Kannapolis will win and the commercial/industrial rezoning that they dropped in the middle of our rural area will stay. Please send you donations and pledges to:

ODELL LEGAL FUND
PO Box 122

 Davidson, NC 28036

Thank you for your help.

 

Click Here to View the Appeal

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2-09-2009: We were made aware today that the time we scheduled our meeting is also the time that the Daytona NASCAR race will be running. We have had some requests to change the meeting time so we have decided to reschedule the meeting to 2 PM.  The location and date remain the same.

We will meet at 2 PM this Sunday, February 15 at the Lions Club,

located on the corner of Odell School Road and Highway 73.

Thanks for your interest and we look forward to seeing you there.

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EXTREMELY IMPORTANT NEWS!


2-1-2009: On Sunday, February 15, at 4 PM, we will hold a community meeting to discuss an appeal to the legal decision handed down by Judge Beale.  The meeting will be held at the Lions Club which is located at the corner of Odell School Road and Highway 73.  We will have a cost estimate on an appeal from the Brough Law Firm.  We will also have a statement on the appeal process from T.C. Morphis, the lawyer who has handled this case for us.  We have only 30 days from the date the judge files his written decision to appeal.  If we wait past that date, we have no further legal recourse.  This is a very important meeting and we hope you will make time for it.  Also, please tell your neighbors and friends about this meeting and invite them to attend.  In an article in Sunday's Charlotte Observer, Kannapolis Mayor Bob Misenheimer says the Wayne Brothers development will provide "a solid anchor" for business expansion along the N.C. 3 corridor.  This shows the intent of the City of Kannapolis to convert western Cabarrus County from a rural area to a business park.  The property values of existing homes will continue to drop if this happens.

This may be our last chance to stop the City of Kannapolis.

If you have any questions, please E-Mail us.

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1-30-2009: At 11:00 A.M. today, our lawsuit against the City of Kannapolis over the rezoning of the Wayne/Wallace property was heard. Judge Beale heard the case. Our lawyer presented a good, factual case using past legal opinions as precedent for why the Kannapolis zoning should be stuck down. After hearing the comments of both sides, Judge Beale rendered his decisions which are listed below.

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First Claim

Spot Rezoning: Judgment in favor of Kannapolis

 
Second Claim.

Failure to Comply with Statutory Requirements: Judgment in favor of Kannapolis

 
Third Claim.

Failure to Comply With the Requirements of the UDO: Judgment in favor of Kannapolis

 
Forth Claim.

Arbitrary and Capricious: Judgment in favor of Kannapolis

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At the end of the trial, Judge Beale thanked the two lawyers for educating him on the complex issue of zoning law and mentioned that these types of cases are not often heard by him.

We have already started conversations on an appeal. In the next week, we will schedule a meeting at the Lions Hut (corner of Highway 73 and Odell School Road) to see how the community wishes to proceed. We will publish the date and time for this meeting on this web site soon. Please consider signing up for E-Mail Alerts so you will receive all updates to this site. Thanks

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1-29-2009: We just got word from the clerk of court that the lawsuit against Kannapolis will be heard tomorrow.  Details about location and time are listed below.

 

Cabarrus County Courthouse | Third Floor | Court Room #5

Friday, January 30, at 11:00 A.M.

77 Union Street, Concord, NC 28025

 

This case will be heard by the Hon. Michael Beale serving as judge. 

We wish we could have given everyone more notice; but as we said, we just found out ourselves. 

We hope that you will be able to attend this case and help support our contention that the Wayne/Wallace rezoning by Kannapolis should be struck down by the court.

Thanks again for your support.

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1-26-2009: We were in Cabarrus County Superior Court this morning to have the rezoning case filed against Kannapolis heard. The judge, the Hon. Michael Beale, looked over the amount of documentation that this case had and decided that he wanted to review all paperwork first and then hear the case next week.

We will be given a court date and time in the next few days. As soon as we get this date, we will list it on this website. The date and time we list will be when this case will be heard by Judge Beale, so if you arrive at the time listed, you will hear this case. We invite all of the Odell/Coddle Creek community to come sit in on this case and will appreciate each and every one of you that can attend.

 

The case will be heard at the Cabarrus County Courthouse.

77 Union Street South | Concord, NC 28025

 

Please feel free to E-mail us if you have any questions.

Thanks for your support.

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1-22-2009 At 10 A.M. this Monday, we will find out from the clerk of court when our lawsuit against the City of Kannapolis over the Wayne/Wallace rezoning will be heard. 

The case will be heard sometime next week.

The hearing will be at the Cabarrus County Courthouse and we invite everyone to attend.

As soon as we know the time and day that the case will be heard, we will post it on the website.

In the event that the case is heard Monday morning, we may not have time to post on this site.

If you will E-Mail us your name and phone number, we will be glad to call you from the courthouse as soon as we know what the court schedule is.

Thanks to everyone for your support.

 

1-15-2009: The Centralina Council of Governments, along with Cabarrus County and the City of Kannapolis, will be holding a NC 3 Land Use Plan/Transportation Study meeting next week. The meetings will be held at :

 

Bethpage Presbyterian Church

Thursday, January 22, at 4-5:30 P.M. & 6:30-8 P.M.

6020 Mooresville Road, Kannapolis, NC 28081

 

These meetings will be public forum sessions to discuss the Highway 3 Transportation and Land Use Study draft maps and text.  Citizens will have an opportunity to provide input into how the Highway 3 area is developed.  Iredell County, Mooresville, and Kannapolis propose that Highway 3 become a four lane highway with much zoning changes along the road.  If you live on or near Mooresville Road (Highway 3), you need to come out and attend one of these meetings.

 

Call 704-933-5999, 704-920-2141, or 704-348-2709 for additional details.

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1-08-2009: The City of Kannapolis is holding a meeting in which the city will discuss and vote on the Coddle Creek 2015 Area Plan.  The meeting will be held at:

 

The Kannapolis Train Station

Monday, January 12, at 6 pm

201 South Main Street, Kannapolis, NC

 

This will be a public hearing so all citizens are allowed to speak. This discussion will determine

how Kannapolis plans to develop the Odell and Coddle Creek areas as they annex additional land. Please attend this meeting and let the Kannapolis City Council and the Kannapolis planning department know how you feel about future development of our community. Thanks

1-08-2009: At the January 12 Kannapolis City Council meeting, they will also be discussing the annexation of 60 acres of land in western Cabarrus County into the City of Kannapolis.

Details will be presented at this meeting.

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12-21-2008:

IMPORTANT NEWS

We will have a meeting on Wednesday, January 7, 2009 at 7:00 p.m. to discuss the Kannapolis court case that will be heard in January 2009.  We will go over the case information, talk about the mediation session that was held on December 15, and answer any questions.  We hope that everyone interested in opposing the Kannapolis rezoning of the Wallace/Wayne property will attend. 

The meeting will be held at the Lions Club Hut at the corner of Highway 73 and Odell School Road. 

Please make sure your friends and neighbors are aware of the meeting. Thanks

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12-16-2008:  The court ordered mediation meeting over the lawsuit concerning the Kannapolis rezoning of the Wallace/Wayne Brothers property was held yesterday.  Present at the meeting were the plaintiffs and our lawyer T.C Morphis, mediator Judge Clarence Horton, the Kannapolis city attorney, the two attorneys hired by Kannapolis to handle this case for them, the Kannapolis city manager, and a member of the Kannapolis planning department.

No agreement was reached in the mediation so this case is now scheduled to go to court. The case is scheduled to be heard in Cabarrus County Superior Court sometime the week of January 26.

This court hearing is open to the public and we hope that as many of you as possible will attend. 

As soon as the clerk of court gives us more information on the time the court session will take place, we will put it up on this site. 

 

Thanks for your support and help.

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10-18-2008:  The lawsuit against Kannapolis over the rezoning of the Wayne/Wallace property continues.  The Cabarrus County Superior Court ordered both sides to go to a mediation session prior to coming to court. This mediation was set for October 27.  Retired Judge Clarence Horton was to act as the mediator.  Judge Horton has notified our lawyer that he has been called to handle a court case and that the mediation will need to be rescheduled.  Right now, the mediation has been rescheduled to December 15.  We hope that the mediation will lead to a positive result for everyone involved, but if mediation is unsuccessful, our case will likely be heard in court by the spring of 2009.

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9-27-2008:  The Western Cabarrus League Of Voters is sponsoring a candidates forum on September 30 at Harris Road Middle School.  Details of the event are in the attached news release that was sent to us.  We encourage everyone to attend this event and to email questions for the candidates to the website listed.  It is very important that western Cabarrus County have good representation in Raleigh.  Events of this kind allow the general public the opportunity to ask questions and decide which candidates will serve us best.

 

Click Here For The Press Release

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07-08-2008:

IMPORTANT LAWSUIT NEWS


Six months after filing a lawsuit against the City of Kannapolis over the rezoning of the Wayne/Wallace property, we have finally received information from the Cabarrus County Superior Court.  The
attached court notice was sent to lawyers for both sides and states that the Superior Court Judge has decided to make both the plaintiffs and the City of Kannapolis go to a mediation session.  After this mediation is completed, if no agreement can be reached, the case will move on to Superior Court.  This process of requiring mediation before going to court is a common practice in the Superior Court of Cabarrus County.  We are consulting with our lawyer now over this matter.


The reason that there has been no news to report the last few months is that once a lawsuit is filed, everything from that point forward moves at whatever speed the Superior Court operates.

A backlog of cases filed before ours has caused it to take till now for things to start rolling.

We now have a tentative court date so our case is starting to move forward.

The main points to consider at this time are:
 

1. The lawsuit is moving forward in the court system


2: Mediation is going to add additional costs to this lawsuit.  We need your financial support. 

Please take time to make a donation to the Odell Legal Fund.


3: As this case moves forward, we need to continue to show that the vast majority of citizens in the Odell/Coddle Creek area do not support the attempt to convert western Cabarrus County to an industrial/commercial park.


Thanks to all for your interest, support, and help.

 

Click Here to View the Court Notice

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Beware Of Imitators!  When using a Google powered search engine such as AOL, only use the result that has Stop Rezoning Now in the title.  The effected results are characterized by having more than one website in the title.

Use this result:

NOT this:

The one above "blurred for legal reasons" contains malicious materiel such as viruses and spyware that can harm your computer.  We have in no way authorized the above search   result(s) and the use of our name.  Google has been notified, and hopefully, this issue should be resolved within a maximum of 90 days for most users.  For more information, contact the webmaster at: Webmaster@StopRezoningNow.com.

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3-28-2008: On March 18, the City of Kannapolis, along with Cabarrus County sponsored a Highway 3 land use plan meeting. It was held at Bethpage Presbyterian Church and was to "Conduct a transportation and land use study to examine how the NC Highway 3 corridor should develop over the next 10 to 15 years". The moderator was from the Centralina Council of Governments and said that this meeting was being held so the elected officials could hear our concerns and comments prior to making any decisions. The county had representatives there, over 125 concerned citizens showed up, but no one from Kannapolis was there. The moderator said they had another meeting that required them to be elsewhere. Keep in mind that this meeting was scheduled weeks before March 18. It would appear that once again Kannapolis doesn't want to know what the local residents want or think.


Questions are coming in about the lawsuit filed against Kannapolis over the Wayne / Wallace rezoning. Several of the more common ones are listed below along with answers.


Q: Is this lawsuit for real?

A: YES. It has been filed in Cabarrus County Superior Court and has been assigned a case number.

The Brough Law Firm has been retained to represent us. We will post the court date as soon as we get it.

Q: Why not try to negotiate with Kannapolis instead of going to court?

A: The rezoning was appealed to the city council and the appeal was denied.

The only other recourse to take was legal action.

Q: Where can I see this complaint?

A: A copy of the complaint filed in Superior Court is on this website for you to view.

Q: How can I help?

A: We need your support in several ways:

  • The first is financial. It costs money to pay our legal fees. Right now, only a small number of people are footing the bill. A donation mailed to the Odell Legal Fund would be greatly appreciated.

  • We also need people to contact our local newspapers asking them to write about this commercial/industrial rezoning right in the middle of an agricultural area. News articles will make more people aware of our situation. You can also write letters to the editor.

  • Call the staff and elected officials of Kannapolis and tell them how you feel about this rezoning and what they are doing to damage western Cabarrus County.

  • Also let our County Commissioners know how you feel. With elections coming up, they may be more receptive to your comments than usual.

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3-19-2008  We have amended the original complaint filed against the City of Kannapolis.  This new complaint gives more detail as to why the plaintiffs in the case have legal standing and explains the reasons for the lawsuit more fully.  This was done as a result of some recent court decisions in North Carolina.  The amended complaint also goes into greater detail on the issues regarding the contention that the Wayne/ Wallace property rezoning was spot rezoning.  This amended complaint has been sent to the City of Kannapolis.  A copy of the amended complaint is on the website now.


The City of Kannapolis has hired the law firm of Hamilton Moon Stephens Steele & Martin, LLC to represent them in this lawsuit.  This firm is located in Charlotte, NC.

No court date has been given yet. As soon as a date is assigned, we will post it on the website.

We still have not met our $15,000 goal for the Odell Legal Fund although contributions continue to come in.  We had to start this legal process in order to meet deadlines or we would have lost the right to go to court.  This was done even though the funding we hoped for was not there, so we had to take a leap of faith.  If you have not made a contribution to this fund, please do so now.  It is an investment in the community.  Please ask your neighbors to get involved and donate also.  If this commercial/industrial project is built, property values will decrease and the quality of life in this area will be diminished. 

 

Thank you for your help.

 

Click Here to View the Amended Complaint

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3-05-2008  A lawsuit has been filed against the City of Kannapolis contesting the rezoning of the Wayne / Wallace property from office/institutional use to big box retail, commercial, and light industrial use. The lawsuit was filed in Cabarrus County Superior Court. The Brough Law Firm of Chapel Hill is representing the Odell Legal Fund in this matter.  As soon as a court date is assigned, it will be put on this site. 

 

A copy of the complaint that was filed is available to look at.

 

The Odell Legal Fund is still attempting to collect enough money to cover the legal costs of this case as well as any appeal that Kannapolis might make if they lose the case.  Please consider the loss of property value you will suffer if this development is allowed to proceed and send a contribution today to the Odell Legal Fund.  It would be a shame for the lawsuit to stop because of lack of funds.

We will honor all donors requests to remain anonymous.

 

Thank you in advance for your contribution.

 

T

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