Black Dog Realty intends to build the nine-story Parkside condominium project adjacent to City County Plaza in downtown Asheville. The land was obtained from the County in a 2006 sale. George Pack granted the land to the county in "fee simple," meaning the County could sell it as it pleases--any notes about the intended use of the property contained in the deed are irrelevant "statements of intent" and not legally binding. Pack heirs are attempting to block development of this site by claiming that rights to the underlying land have reverted to the heirs under the terms of the original Deed to the County from George Pack since the County is no longer using the site for public purposes and sold the land to a developer. The greater City County Plaza is being transformed into a Park area in front of the Buncombe County Courthouse and the Asheville City Building.
Important is the Deed's statement that this is a transfer of rights by fee simple. The mention of the land's intended purpose on the deed from George Pack to Buncombe County has to be rejected as surplus. If Pack had wanted it to have conditions or title revert to his heirs, he could have clearly and decisively stated such in the granting clause.