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Agreement reached in Town v. Kille

By Beth Mechum
Staff Writer

After a two-year battle between the Town of Carrboro and horse trainer Marilyn Kille concerning a residential apartment on her property, a resolution has been reached and was reported to the public at Tuesday’s board of aldermen meeting.

In June 2007, the town brought a case against Kille, in which it was alleged that she was violating the town’s land use ordinance (LUO) by maintaining a residential apartment in a building separate from her principal residence within the town’s extraterritorial planning jurisdiction.

Kille has maintained that the town knew about the apartment when it was built and should have raised any concerns when it was inspected.

In April 2008, a court ordered Kille to bring her property to compliance with the LUO in 180 days or be fined $10,000. The town had filed a motion for contempt, alleging that Kille failed to comply within her allotted time.

The board held a special closed session meeting to discuss litigations with the town last week. Kille was given a 60-day extension to comply with the court order, or she could be held in contempt. The agreement was subsequently signed by both parties.

To comply, Kille must deactivate the electrical service in her apartment to ensure it’s unlivable. The town is allowed to inspect the property without a search warrant to make sure she is in compliance.

If Kille does not comply with the terms of the agreement, the town will have the right to file a new motion of contempt and to require the payment of $10,000 in civil penalties.

T.C. Morphis is the town attorney who has spent the most time on this case.

“I think both sides entered into this agreement in good faith, he said. “We’re trying to resolve this.”

Morphis said deactivating the electricity instead of disassembling the apartment was a compromise agreement. This way, Kille could make her apartment comply with land-use ordinance codes at a later date.

Dickson Phillips, Kille’s attorney, was not available for comment.

The board was also updated at Tuesday’s meeting on the progress of the Bolin Creek Greenway and Morgan Creek Greenway projects.

Extra miles have been added to the Bolin Creek trail plan for a greenway along Jones Creek, and the cost is estimated to exceed the funds available for the project. The planning budget for the greenways was $145,000 and the construction budget is $1.6 million.

The Greenways Commission will ask the federal government for funding through the Congestion Mitigation and Air Quality Improvement Program.
There will be a workshop for the Bolin Creek Greenway on Sept. 21 at 6 p.m. at the Century Center. A workshop for the Morgan Creek Greenway will be held at a later date.

Randy Dodd, the Town of Carrboro’s environmental planner, said it’s important to continue further outreach to neighborhoods to conceptualize these developments.

In other action at the meeting:

A public hearing was set for Sept. 22 for a modification to the Winmore Subdivision conditional use permit. If the modification is then approved, the permit will allow the construction of a 10,160-foot daycare center.

The board also approved a temporary street closing for St. Joseph CME Church. The church will be hosting “Frangelism in the Park” on Sept. 12 from 9 a.m. to 2 p.m. and Broad Street between Fowler and Hill streets will be closed for the event. About 600 people are expected to be in attendance.

Richard Perry was appointed as a town representative to the Orange County Human Relations Commission.

  1. John Kramer PE

    The mistake she made was in raising horses, instead of goats.

    She needs to subdivide her lot into tiny areas and then petition to have goats.

    After they faint, the Carrboro BOA will approve the change. Problem solved. LOL!