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What is UNC Asheville doing on wooded property near Five Points? Taxi ‘shed’ at Asheville Regional Airport? What does ‘titled debris’ actually mean? • Asheville Watchdog

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avlwatchdog.org – JOHN BOYLE – 2025-01-21 06:30:00

Today’s round of questions, my smart-aleck replies and the real answers:

Question: For years, UNCA has owned land off Dortch Avenue known as the South Campus walking trails that include about one mile of wooded hiking paths. Many residents (especially those of us with four-legged family members) of Five Points and nearby neighborhoods love the woods for the opportunity they provide for connection to nature and dog frolicking (we’re not opposed to cat- or small horse-frolicking, but dogs seem to be the more popular four-legged companion). The woods are a bit of a hidden gem, and they’ve been even more of a refuge with so many dog parks closed after Helene. In the last few weeks, we’ve noticed caution tape, survey stakes, and wetland tape in various places, and a tree removal crew has begun clearing some brush at the entrance. One of the workers informed us that the university is developing the land and plans to construct four buildings; work will apparently start in the spring. There hasn’t been any signage in the woods and we haven’t been able to learn any details from the university. Any chance you can help investigate? We’d love to know if the development rumors are true, if the university is developing or if they’ve sold the land, the timeline, how the project is actually being funded given the university’s financial situation, and what the building and space will be used for.

My answer: Every time I see a cat out for a “frolic” on a leash, it looks like the poor animal is absolutely miserable and would probably take out its owner if it weighed 30 pounds more.

Real answer: UNC-Asheville spokesman Brian Hart said no decisions have been made on the property.

“UNC Asheville is taking steps to better understand the characteristics of 90 acres of undeveloped portions of university property,” Hart said via email. “This includes assessing boundaries, topography, land composition, and utilities. To support this process, the university has authorized an experienced external vendor to conduct a thorough exploratory assessment, which will require removing a minimal number of trees and collecting soil samples.”

Hart said the university is dedicated to working with environmental experts about sustainable and responsible land use.

“In keeping with our commitment to transparency and collaboration, as options are being finalized, UNC Asheville will host listening sessions to share information about potential plans and to gather input from the community,” Hart said.

Hart said “exploring thoughtful and strategic opportunities for land use is part of the university’s efforts to have a positive impact here.”

“Any future development of university property will align with the best interests of the institution, the local and regional community, and the state of North Carolina, while respecting the natural environment that surrounds us,” Hart said.

The City of Asheville said it has not issued any permits for the current work, and that the permit for the work was issued through the North Carolina Department of Environmental Quality.

The DEQ did not respond to my request for information by deadline.

Question: We are an older couple (even older than John) who returned home recently, flying into AVL airport. After landing, we went to the info desk by baggage claim to inquire as to taxis to get to our home in Asheville. We were told there were no taxis, and we’d have to wait in an outer lot until an Uber or Lyft could pick us up. The only alternative presented to us was a black car service (probably $150). There was a shuttle bus waiting by chance, and we proceeded to the “shed” to wait. The wind was blowing strongly right through the shed, as there was no protection from the sides from the freezing cold (wind chill of 18) and it was located in an open parking lot. Luckily for us, an Uber was available in five minutes; a Lyft would have been at least 20 minutes — enough time for frostbite to set in! This is an unacceptable situation for us and certainly for visitors to Asheville. If the airport is going to abandon those waiting for rides to a lonely parking lot, they can at least provide a better shelter with sides and a heater, as well as some sort of emergency notification system if there is a problem. Even as a temporary fix, this is unacceptable, as a medical emergency is certainly possible in the shed. Our Uber driver told us he has seen instances where the rain is blowing through the shed sideways on those waiting. When will the airport provide an acceptable waiting area for those arriving at the airport?

My answer: I’m going to politely overlook the comment about these folks being “even older” than I am. Clearly it’s time for me to up my “Just for Men” beard dye game.

Real answer: Good news on this front.

“We have installed a 12- by 15-foot covered shelter in the ground transportation pick-up area, with four benches and standing room for additional customers,” Asheville Regional Airport spokeswoman Tina Kinsey said via email, adding that it is a temporary location due to construction at the airport. “We have wind/rain barriers for the sides of the shelter coming soon, as well as additional lighting inside. The pick-up area is lighted with exterior lights, and we have an emergency call box in place for our customers.”

Question: I just finished your recent column about debris removal and was fascinated by the concept of “titled” debris. I never thought about the implications of that before. Could you expand on whether and what kind of special problems and handling that causes? For example, if there’s a car in the river, does the county have to figure out who owns it, contact them, consult on what they want done with it, whether they’ll pay for or toward the removal, whether their insurance has any liability in the effort and so forth? Can the county just act without contacting the owner at all? Is there any kind of time limit beyond which the county can do what it needs to do to clear its waterways if they can’t contact an owner?

My answer: Initially, I just assumed “titled debris” meant the county was going to have to refer to river debris as “Sir Wrecked Minivan” and “Lady Semi Trailer.”

Real answer: Nothing is simple when it comes to Helene cleanup.

“County departments, to include the Buncombe County Sheriff’s Office, County Legal Department, Solid Waste, ID Bureau, and Emergency Management are working together on title property removal,” Johanna Cano, a spokeswoman for Buncombe County, told me via email. “There are a couple of different categories of title property removal that include right of way removal, right of entry (private property), and waterway removal.”

The different categories require different types of administrative paperwork for accessing the debris.

“While we are close to finalizing the process, at this point, as title property is identified and mapped out, crews will be going around to assess the property for identification such as a vehicle identification number or tag,” Cano said. “The team will work across departments to locate the owner and make arrangements for removal. As owners are identified, they will need to check with their insurance company to determine if their coverage can pay for towing, etc.”

If not, the county will use a towing company procured through a “request for proposals” to “remove the property and take it to a processing site where it can be claimed or otherwise processed,” Cano said.


Asheville Watchdog is a nonprofit news team producing stories that matter to Asheville and Buncombe County. Got a question? Send it to John Boyle at jboyle@avlwatchdog.org or 828-337-0941. His Answer Man columns appear each Tuesday and Friday. The Watchdog’s reporting is made possible by donations from the community. To show your support for this vital public service go to avlwatchdog.org/support-our-publication/

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Appeals court rules in favor of GOP Supreme Court candidate Griffin’s election challenge

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ncnewsline.com – Lynn Bonner – 2025-04-04 13:51:00

SUMMARY: Republican Judge Jefferson Griffin is contesting over 60,000 votes in his race against Democratic Supreme Court Justice Allison Riggs, claiming registration and ID deficiencies. A 2-1 NC Court of Appeals ruling, with Republican judges siding with Griffin, allows voters 15 business days to correct issues. Riggs, leading by 734 votes after two recounts, vowed to appeal, warning the ruling threatens over 65,000 lawful votes. Griffin also challenges military and overseas ballots. The GOP praised the decision; Democrats condemned it as partisan. The state Supreme Court, with a 5-2 Republican majority, will likely hear the appeal. Riggs has recused herself.

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State appeals court finds merit in protests of nation’s last unsettled election | North Carolina

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www.thecentersquare.com – By Alan Wooten | The Center Square – (The Center Square – ) 2025-04-04 13:39:00

(The Center Square) – Two of three judges on a North Carolina appellate decision say Republican Jefferson Griffin’s appeal has merit and ordered the State Board of Elections to recalculate the nation’s only unresolved election from Nov. 5.

On the 151st day since Election Day, the North Carolina Supreme Court Seat 6 race – an eight-year term seat – has yet to be decided. Friday’s announced decision, from oral arguments two weeks ago, gives 15 business days after notice for missing data in registration records of voters to be filled in, and overseas voters not providing photo identification as required by law to do so.

The voters who never lived in North Carolina are to be dropped from the totals.

Those instructions – Justices John Tyson and Fred Gore supported the ruling, Tobias Hampson dissented – could be appealed. And, it doesn’t give a clear indication if Griffin or Judge Allison Riggs will be the winner.

Riggs, the Democrat and incumbent on the bench after appointment by then-Gov. Roy Cooper, has been poised for a 734-vote triumph as the litigation saga plays out in multiple lawsuits and in both state and federal courtrooms. Griffin, a state appellate judge, has appealed every decision against him.

On Election Night, with 2,658 precincts reporting, Griffin led Riggs by 9,851 votes of 5,540,090 cast. Provisional and absentee ballots that qualified were added to the totals since, swinging the race by 10,585 votes.

The majority opinion read in part, regarding equal terms and fundamental rights in free elections, “This right is violated when ‘votes are not accurately counted (because) (unlawful) () ballots are included in the election results’ The inclusion of even one unlawful ballot in a vote total dilutes the lawful votes and ‘effectively ‘disenfranchises’’ lawful voters.”

The majority opinion is covered in the first 36 pages of the ruling; Hampson’s dissent is in the final 30 pages.

Anderson Clayton, chairwoman of the North Carolina Democratic Party, has called the win “decisive.” Jason Simmons, chairman of the North Carolina GOP, said earlier votes in question are “blatant violations of state law.”

In response to Friday’s announcement, Clayton said the court put party affiliation above the rights of North Carolina voters.” Simmons said, “Today’s decision confirms the facts were on Judge Griffin’s side. This a victory for the rule of law and election integrity.”

The state elections board, majority 3-2 Democrats, and Riggs have been aligned in the litigations.

The Supreme Court bench has historically been nonpartisan and partisan, and since going back to the latter, was 6-1 Democrats in 2019. It is 5-2 Republicans today.

The state Supreme Court calendar has already begun, with Riggs still in place until the election is decided. She has been recused from any proceedings involving the election. Similarly, Griffin has not been involved in any at the appellate level.

Griffin protested about 65,000 ballots on multiple counts, and the state board rejected all of them. Most were by 3-2 party-line votes.

The protests the state board denied included registration records of voters, such as lack of providing either a driver’s license number or the last four digits of a Social Security number. State law for that has been in place two decades, dating to 2004.

Other ballots protested and denied by the state board included voters overseas who have never lived in the United States, and for lack of photo identification provided with military and overseas voters.

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Gun bills in NC General Assembly are drawing concern, criticism

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carolinapublicpress.org – Sarah Michels – 2025-04-04 11:55:00

RALEIGH — Juliet Rosa, a survivor of domestic violence and UNC-Chapel Hill student, is “a little bit overwhelmed” by this session’s plethora of gun bills, which include so-called constitutional carry legislation, sentence enhancements for crimes involving firearms and a measure proposing North Carolina as a Second Amendment sanctuary state. 

If North Carolina lawmakers pass these bills, Rosa may just pack her bags and leave. 

Gun bills aren’t novel in North Carolina, but there weren’t too many major changes until 2023. That’s when lawmakers narrowly repealed a century-old pistol purchase permit requirement over Democratic Gov. Roy Cooper’s veto, said state Rep. Pricey Harrison, D-Guilford. 

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This year, several Republican lawmakers want to continue the trend and allow North Carolinians to carry hidden handguns without a permit, too. While they’re at it, they plan to lower the minimum age to carry from 21 to 18. 

If signed into law, North Carolinians would no longer have to take an eight-hour gun safety course, provide a local sheriff a set of fingerprints or demonstrate an ability to shoot a gun before being allowed to carry a concealed weapon. 

Stronger gun rights bills have progressed this session despite public and private opposition. Relative quiet from law enforcement groups, lobbying pressure and national politics may be to blame. 

The fate of these bills, following a likely veto from Gov. Josh Stein, is uncertain. 

But over a dozen Democrat amendments and bills seeking to add safety measures to these bills have failed, hinting at a possible rerun of the pistol permit playbook, which involved strategic absences to give Republicans enough votes to override vetoes on their own. 

From pistol permit to constitutional carry

On March 29, 2023, Harrison said Democratic state Reps. Cecil Brockman and Michael Wray “made themselves absent” for a key vote — the veto override of Senate Bill 41, which repealed the requirement to get a pistol-purchase permit from a sheriff before buying or transferring a firearm. 

Without their votes, the state House was able to override Cooper’s veto with only Republican support. 

“It was very frustrating for us to watch that happen,” Harrison said. 

The National Rifle Association and a group called Grassroots North Carolina had been lobbying for the bill’s passage for years. Before 2023, they always hit a roadblock, Harrison said. North Carolina’s sheriff and law enforcement agencies would reliably push back, and lawmakers would heed their warnings. 

But in recent years, that obstacle disappeared. The sheriff’s association became more partisan along urban-rural lines and law enforcement got quieter, Harrison recounted.

She’s worried history might repeat itself with this session’s gun legislation. 

Under the gun

Between 2022 and 2023, only four states experienced an increase in gun sales: Illinois, New Hampshire and Florida had minimal increases of 1 to 5%. 

North Carolina, however, had a 112% increase — by far the biggest surge, according to one analysis. That increase can be traced back to the pistol purchase permit law. 

Everytown for Gun Safety policy expert Sam Levy sees that as a sign of what’s to come. 

Everytown for Gun Safety is a nonprofit representing gun violence survivors. Last election cycle, they made over $7 million in political contributions and almost cracked the top 100 of contributors nationwide, according to Open Secrets. That included a $500,000 donation to the North Carolina Democratic Leadership fund. 

“There’s no question in my mind that repealing the concealed-carry permit will have a similar sort of result, which is a huge spike in the number of guns being carried in public in North Carolina,” he said.

Chet Effler, the president of the North Carolina Fraternal Order of Police, told Carolina Public Press in a statement that the organization hadn’t reviewed or researched the session’s gun bills. Instead, Effler said the focus was on “law enforcement specific bills” for now. 

Wake County Sheriff Willie Rowe said in a statement that his office is actively monitoring this legislation and “will continue to work with lawmakers to advocate for policies that prioritize the well-being of our community and law enforcement officers.” 

Orange County Sheriff Charles Blackwood said he has a rule: Don’t talk about bills until they become law. He doesn’t want to endorse something that may change into something entirely different. 

But public safety officers’ relative silence hasn’t stopped lawmakers from speaking on their behalf. 

Mecklenburg Democratic state Sen. Mujtaba Mohammed, for one, is convinced that removing concealed-carry permit requirements will make it harder for police to do their jobs, since those carrying weapons may or may not have much training or experience with guns. 

“You’re going to kill police officers with this bill,” Mohammed said during a March committee meeting. 

Republican state Sen. Danny Earl Britt Jr., the bill’s sponsor, replied that no law enforcement agency had come forward with that concern. 

“I firmly believe that good people with guns stop bad people with guns,” Britt said. 

Current law states that to obtain a mandatory concealed-carry permit, a person must complete an application under oath at a sheriff’s office, provide two full sets of fingerprints, complete an approved handgun safety course, allow a local sheriff access to records about an applicant’s mental health or capacity and pay an $80 fee. North Carolinians have to be 21 or older to get a permit. 

The training requirement to obtain a permit involves a Saturday morning and afternoon and firing the weapon roughly 20 to 30 times, Britt said. 

“We’re not talking about a robust training program that people go through,” he said. “The training aspect is minimal, at most, and the idea that you have to go through that process we believe goes against everything in the Second Amendment.” 

Both the Senate and House versions of the constitutional carry bill are in the House, waiting for the Rules Committee to take further action. 

Is the Second Amendment limited? 

In 2008, the Supreme Court decided in the D.C. v. Heller case that the Second Amendment protects individuals’ rights to keep and bear arms for self-defense and other lawful uses, Campbell University constitutional law professor Gregory Wallace said. 

But it didn’t grant an absolute right. 

Nobody could carry any type of firearm, anywhere at any time. Certain people, like convicted felons, couldn’t have a firearm. Certain places, like courthouses and schools, were off-limits. So were military-style weapons too dangerous for civilians. And the court made space for reasonable restrictions on buying and selling firearms. 

In 2021, the U.S. Supreme Court struck down a New York law that would have made gun owners provide a special reason to carry a concealed firearm in public. The majority opinion stated that for a gun restriction to be permissible, there has to be a historical parallel. The government has to prove that the law is consistent with the nation’s history and tradition of firearms regulations, Wallace said. 

“It’s not just black and white,” he said. “It’s a bit complicated.” 

Levy said Everytown for Gun Safety’s work is about striking a balance between respecting the right to carry guns and public safety. That balance is often found in responsibility, and understanding the risks and rules surrounding gun ownership, he added. 

Democrats have filed dozens of gun-related bills and amendments this session attempting to strike that balance. 

They include bills that would make it a crime to leave a firearm in an unlocked, unattended vehicle, require gun owners to report loss or theft of their firearm to local law enforcement within 24 hours and establish “protective orders” to temporarily remove guns from people if they are a danger to themselves or others. 

But in the North Carolina legislature, giving a little may be seen as a slippery slope. 

None of these Democrat-led efforts have gotten much traction.

“I think there are folks in the Republican caucus who think maybe this isn’t a great idea to have 18-year-olds running around with no training carrying concealed weapons,” Harrison said. “I myself have heard from gun shop owners who are opposed to the bill, even though it makes more business for them, because they think it’s dangerous.” 

Brian Sisson, owner of The Range in Ballantyne, is one of those owners. Sisson has noticed delays in getting concealed-carry permits, but he doesn’t think the solution is removing the requirement. Instead, he suggested getting permits “out of the sheriff’s hands” and allowing instructors to run background checks after applicants pass the training course. 

“I have concerns that you’re potentially going to have individuals out there who are carrying firearms who don’t know what the law is,” Sisson said. 

‘Idiotic and dangerous’

In August 2023, UNC-Chapel Hill went on lockdown for hours. The university’s alert system notified students of an active shooter, who it was later revealed had killed a professor.

The experience pushed Rosa to get involved with Students Demand Action. But Rosa and her peers mostly saw an increase in police presence on campus, which didn’t make them feel more at ease. 

“We didn’t really see much meaningful change occur after that to make the campus safer,” Rosa said. 

Students Demand Action asked UNC-Chapel Hill to create a translation option for the university alert system after discovering some Spanish-speaking employees worked through lockdown, not realizing they were in danger. The school has been slow to act, Rosa said. 

Now, Rosa is seeing the same kind of behavior from the North Carolina legislature, which won’t give Democratic amendments — which include safe firearm storage requirements, extreme risk protection orders and gun-free zones at voting sites, domestic violence and homeless shelters and health care facilities — much attention.

“I know that the issue of gun violence, just from a policy standpoint, can be pretty complex and contentious, but the idea that these permitless carry bills like (Senate Bill 50 and House Bill 5) are the solutions is pretty idiotic and dangerous,” Rosa said. 

Survey says

Public opinion on removing concealed-carry permit requirements is fairly low, according to a March survey of about 600 likely voters. 

A Cygnal survey found that 56% of respondents did not want North Carolina to allow permitless carry. An additional 17% would allow it, but with some restrictions. 

Former Republican majority leader Paul Stam said groups like Grassroots North Carolina tried to put pressure on him to pass gun rights legislation, once calling him and two of his peers “the three weasels” and vowing to “exact retribution” on them for a vote the group didn’t like. It was an empty threat at the time, and the real power was the National Rifle Association, Stam said. 

But in 2021, the NRA filed for bankruptcy and hasn’t contributed to North Carolina legislative races since 2022, according to campaign finance records. 

“I’m sure the constitutional carry thing is coming from lobbyists, but I don’t really know who they are,” Stam said. 

State Rep. Tracy Clark, D-Guilford, has noticed some mail from smaller gun rights groups that say they are tracking her voting record, but nothing too serious. 

“I do think that this is a very small minority of Second Amendment rights legislators,” she said. 

She thinks the NRA still has somewhat of a hold on some lawmakers. Clark’s a Second Amendment supporter; her husband is a gun owner. She isn’t trying to take anyone’s guns; she wants to prevent future gun violence. But while she’s tried to meet Republicans from that angle, she’s had little success.

But that inability to hold a productive conversation across the aisle could change as the NRA diminishes, Clark said. 

“It’s breaking through that barrier to make them realize that it doesn’t have to be all or nothing,” she said. 

Other gun bills

The North Carolina Firearms Coalition sent an email to supporters last week about a recent bill: The Second Amendment Protection Act. 

The measure would bar state and local law enforcement from enforcing federal restrictions on gun rights. 

“We don’t know who’ll sit in the White House after Trump,” the email read. “We don’t know when the next anti-gun tyrant will seize power. That’s why we must strike NOW and pass the Second Amendment Protection Act in North Carolina — before it’s too late!” 

If enacted, North Carolina would be a Second Amendment sanctuary state, similar to cities that don’t enforce federal immigration law. 

Clark was thrilled when she saw the title of Republican Rep. Jennifer Balkcom’s bill: The Gun Violence Prevention Act. 

She was less enthused when she read it. 

The bill enhances sentences for possessing, brandishing or discharging a firearm while attempting or committing a felony. Several other bills under consideration this session also increase punishments for crimes involving guns. 

“It had nothing to do with prevention,” Clark said. “So the title was a misnomer, and it was actually the same title of a bill Pricey (Harrison) and others have been filing for prior years of actual preventative measures.” 

During a committee hearing, Balkcom said her bill would target repeat offenders and create “stronger accountability.” 

Research shows sentence enhancements don’t work to deter gun violence, said Levy, the Everytown for Gun Safety policy expert. But talking about the need to be “tougher on criminals” and “lock them up” are common refrains from people who “don’t want to have real conversations” about the issue, he said. 

“It’s a distraction,” Levy said. “It’s not a real solution.” 

This article first appeared on Carolina Public Press and is republished here under a Creative Commons Attribution-NoDerivatives 4.0 International License.

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