Thunderpig’s Mirror

Shenanigans in Buncombe County Government?

Posted by Thunder Pig on April 28, 2007

Say it Ain’t So!

April 11, 2007

Michael Frue
Assistant County Attorney
205 College Street, Suite 200
Asheville, NC 28801

Dear Mr. Frue,

I am writing on behalf of the Canary Coalition urging that you advise the Buncombe County Board of Commissioners to rescind the contract between the County and Progress Energy for the lease of land in the vicinity of the old County landfill (hereinafter “Woodfin Property”). Major problems with the lease include the existence of an option contract which directed or influenced the County Commissioners’ decision to approve the lease of the Woodfin Property, failure by the County to use the appropriate authority for an economic development project, and failure of the County to act in the public interest. Because of the many problems with the lease, the circumstances surrounding the County’s agreement to the lease, and the subsequent failure of substantially all of the consideration received by the County in exchange for the lease of the Woodfin Property, the County should consider the lease invalid.

The existence of the Options Contract indicates either improper assertion of authority by the County Manager, or an illegal secret meeting by the Board of Commissioners. In either case, the lease is ultra vires.

The contract granting a lease to Progress Energy is invalid because it was based on an option contract which is ultra vires for multiple reasons. County manager Wanda Greene signed this option contract on March 2, 2005, which purported to be an irrevocable offer by the County to lease land to Progress Energy for greater than ten years if acted on within the subsequent two years—by March 2007. Progress apparently purchased this interest in real property for ten dollars and without any public notice or scrutiny.


Canary Coalition Website

Good Luck on dealing with this situation. I have had dealings with these people in the Buncombe County Government, and it wasn’t pretty. Wanda Green is Invincible.

I still think the Diesel Plant defeat was a case of cutting off your nose despite your face. I hope you progressives burn up in the summer, and freeze in the winter!

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