Canary Coalition suit against Sylva dismissed
A lawsuit brought against Sylva officials by the Canary Coalition will not be going to trial.
Superior Court Judge Dennis Winner Tuesday (Sept. 15) filed his ruling approving the town’s motion to dismiss the suit.
The Canary Coalition along with citizens Matt Chambers, Jenifer Ross, Trevor Brown and Kenneth Brown, have filed suit against Sylva in June. The suit centers around town officials refusal to rescind an April decision to amend the zoning ordinance in the I-1 industrial zone.
The zoning change allows for a maximum structure height of 80 feet or four habitable stories. The previous ordinance allowed for a maximum structure height of 50 feet or four habitable stories.
Canary Coalition director Avram Friedman approached board members in May, saying that the public notice for the required publication didn’t relate the modification to the planned expansion at Jackson Paper.
The zoning change brings the current smokestack on Jackson Paper property into compliance and will allow for another boiler to be built. The suit was filed after Sylva leaders refused to rescind their decision.
In his judgement, Winner said the coalition’s claims that the town’s notice of the zoning change wasn’t specific enough are unfounded.
“The notice alleged in the complaint was adequate to describe the changes in zoning ordinances in the town of Sylva,” he wrote. :Since the court has concluded that the complaint fails to state a claim upon which a relief can be granted it is therefore ordered and adjudged that the complaint is dismissed.”
During an Aug. 31 hearing town attorney Eric Ridenour, who filed the motion to dismiss, argued that Canary Coalition’s suit has no merit because Sylva officials followed statutory guidelines when notifying the public of a zoning ordinance amendment.
Ridenour also argued that the lawsuit lacks standing because there is no allegation that any of the plaintiffs own real property within the corporate limits of thetown. For the Coalition to have a suit with merit, he said the group or one of the people filing the suit would have to own property that is adversely affected by the change.
Sylva lawyer Mark Melrose, who represented the Canary Coalition, argued that the case should not be dismissed because the group then would not be able to show in court why the town’s notice didn’t meet with regulations.
Melrose also said the suit did include Sylva town owners, which he said could allow the case to move forward to trial.
