Preservation in the News

Fight reveals bitter divisions over growth in Cabarrus County town

By: Sharif Durhams

Harrisburg won a court battle this week that allows it to keep a developer from building a Lowe's home improvement store in the 5,200-resident town.

The fight over the Lowe's store reveals a split over Harrisburg's growth that will likely play out in elections this fall.

Lowe's opponents outnumber supporters 4-3 on Harrisburg's seven-member Town Council. The same four members have opposed other attempts at development in the town. For instance, some of them have pushed to require that all new homes in the town be built on at least a half-acre of land.

Mayor Tim Hagler backs Lowe's and supports more growth, but he votes only to break ties in council votes.

Technically, the battle in Cabarrus County Superior Court was over whether a quorum of council members showed up at a showdown over Lowe's at a Town Council meeting in November.

SBBH, a company that helped acquire contracts for the land for Lowe's, asked the town to rezone land across the street from Harrisburg's town hall. It wanted to build a store, a YMCA, and other retail and office space.

One of the opponents on the Town Council could not attend the November meeting. That would have given the Lowe's backers the advantage, with the mayor voting to break a 3-3 tie.

The three Lowe's opponents who were prepared to attend the meeting decided to leave, believing that would delay a vote by making it impossible for the council to have a quorum.

But Hagler and the three Lowe's backers argued that the council had a quorum because three of the Lowe's opponents had initially showed up. The council then voted to allow the store to be built.

A month later -- with all seven members present -- the council voted to reconsider that vote. Then, council members voted 3-2 in January to deny permission for Lowe's to build. (Two council members had to recuse themselves from that vote.)

SBBH sued, arguing that the original November vote should take priority. The town's attorney, going with the majority of the council's wishes, defended the later vote.

In the ruling Monday, Judge Clarence Horton sided with Harrisburg.

"The judge basically determined those three council members who left the meeting, left the meeting before it started," said Richard Koch, the town attorney. Koch had argued that Harrisburg town meetings traditionally begin when the mayor bangs a gavel and calls the meeting to order.

"Since they were gone before that, there was no meeting," Koch said.

Lawyers have not received a signed order from Horton to back the ruling. Once the order is signed, SBBH has 30 days to appeal.

But whether or not there's an appeal, the growth debate in Harrisburg will continue.

Eight candidates have filed to compete for four open Town Council seats in November's election. Big chain stores are the biggest issue the candidates are debating.