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Marsh Oaks residents sue Wilmington over re-zoning of annexed area

READ MORE: Marsh Oaks residents sue Wilmington over re-zoning of annexed area
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WILMINGTON, NC (WWAY) -- The battle over rezoning one section of Market Street is not over. Some Marsh Oaks residents have filed a lawsuit against the City of Wilmington.

Marsh Oaks residents Carl Hudson, Dale Baehmann and their wives are suing the city over its decision in January to rezone a section of Market Street near Marsh Oaks Drive.

The land is now zoned a multi-family medium density district. That lets a developer build luxury apartments there. It's something Marsh Oaks residents have hotly contested for months. Now, it's a legal matter.

"We've appealed the zoning decision and asked the court to invalidate it, because we've felt this decision was arbitrary and capricious because it's inconsistent with the city's land use plans," said James Eldridge, the attorney for the plaintiffs.

Eldrige filed the lawsuit against the city two weeks ago. Part of it states that the zoning would cause overcrowding and increase the strain on neighboring schools and the infrastructure, namely the traffic on Market St.

It's estimated that this apartment complex could add nearly 3,000 trips on Market Street at this location. That's why New Hanover County denied the developer's request for rezoning. Last fall, the developer asked to be voluntarily annexed into the city. The city voted to annex the property and approved the zoning request bringing an unwelcome neighbor to this community.

The residents who filed the lawsuit did not want to speak out at this time.

We called the city attorney to get the city's response. He said it's their policy not to comment on ongoing lawsuits.

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This project will be partial HUD housing-IE Government housing

I find it amusing no one is talking about how this property is a partial tax credit property meaning, LOW INCOME housing. Porters Neck is going to look like Kerr Avenue....fun fun fun. This needs to be addressed...bye bye property values...bye bye nice shoping area...

What about contract zoning?

Isn't this a bit close contract zoning when they asked for the annexation knowing that a rezoning would be required to build their specific project? I thought contract zoning was still illegal.

It is going to be LOW INCOME housing..NOT luxury

I think the media needs to report on what is going to occur here...it is a partial tax credit complex meaning low income housing. The trees are already cleared...there will be government assisted housing next to a million dollar neighborhood....

Doesn't pass the smell test

This whole annexation deal has a really bad smell to it. Someone, somewhere, is in someone's pockets.

Good luck

I'm glad to see someone fight back at city hall. I wish you the very best.

Observation

Not that it matters, but it appears Mr. & Mrs. Baehmann are not technically residents of Marsh Oaks. According to NHC tax records, their property is part of Bayshore, not Marsh Oaks. By the way WWAY, please show them the respect to spell their name correctly! The proper spelling is clear in your cover photo of the lawsuit documents.

Marsh Oaks

It would be great if someone in Marsh Oaks could link the developer to someone on the Wilmington City Council.Everyone in New Hanover Co. knows how pro real estate interests are running the city of Wilmington

City annex of area 2 miles from city at Marsh Oaks

Hurrah for the residents of Marsh Oaks. I hope they prevail over the bullies at city hall.