The Summerfield Town Council kicked off the month of August – usually a very low-key month for local governments – with a special called Thursday, Aug. 1 meeting that showed the intent of the town to fight a legal battle against the State of North Carolina’s recent decision to de-annex nearly 990 acres of the town.
The move to hire outside legal help seems to be the start of a potential effort to get back the land that the town lost on July 1 – just weeks after state legislators voted to honor the wishes of developer David Couch, who owns the land and wanted it removed from Summerfield so he could develop a residential community on it with a density that many town leaders opposed.
Thursday afternoon, the Town Council called the meeting to order in open session – as required by state law – and then went into closed session to discuss the legal matter.
North Carolina General Statutes also require that a public body state a reason for going into closed session. In this case, the official stated reason for the closed session was “to consult with an attorney employed or retained by the public body to preserve the attorney-client privilege between the attorney and the public body.”
After the closed session, Summerfield Town Councilmember John Doggett was the only vote against the move.
Summerfield Mayor Tim Sessoms, who attended the meeting remotely by phone, would have voted against the move as well except for the fact that, in Summerfield, the mayor only gets a vote in the case of a tie vote among the other council members. In this case, the vote was 4-to-1 to hire the attorney.
After the closed session, Doggett explained his reasons for opposing the move.
“I just want to say that I am not in favor of this because I’m concerned about the town losing its charter,” he said.
Throughout this battle, there has been an argument by some state legislators that the town should have its charter revoked because, they argue, Summerfield doesn’t provide enough services to truly qualify as a legitimate town in North Carolina.
Some also argue that Summerfield really only incorporated as a town so that the area wouldn’t be annexed by Greensboro.
At the August 1 meeting, Doggett said the town now needs to move forward.
“I think that this town needs to focus on the future and start rebuilding, Doggett added, “and I don’t think that whatever is decided here is going to end here. I think this is going to be a years long process with Mr. Couch.”
Sessoms said he agreed with most of what Doggett had said.
The four council members who voted to approve the measure didn’t have much to say about it.
At the meeting, the Town Council voted to hire the legal firm of Robinson & Bradshaw, with Attorney Matt Sawchak as the lead attorney, to study the de-annexation of Couch’s property.
The motion called for the law firm “to research and analyze the town’s legal rights in the wake of the De-annexation and to give the town attorney the authority to manage Robinson & Bradshaw in the matter.”
Mayor Sessoms, who was attending the meeting remotely over the phone, asked a question – but it was likely to make a point rather than get an answer. Sessoms said he believed it was unprecedented for the council to take actions with only three members actually present; however, the town attorney and other council members pointed out that the town’s by-laws allowed that.
Sessoms, who could not be reached for comment after the meeting, was likely using the question to express his dissatisfaction with the way this whole process was taking place.
Like Doggett, Sessoms has been very unhappy this year with the way the council has refused to work with Couch. The mayor told the Rhino Times earlier this year that that was the main reason state legislators were likely to allow the de-annexation.
Scott you are doing a good job getting news out that it would takes weeks for GDN to do it. Also good subject selection
Mike Haley
STOOPID IS AS STOOPID DOES, Get your ego’s out of this and move on to trying to serve your constituents.
John Doggett is right, only an idiot keeps poking a dog that has already bite you once.
I am loving it! After getting schooled by Couch, these guys are going to spend some real money. Robinson Bradshaw is a large, top shelf law firm in Charlotte (with other locations) servicing large, high profile clients. So the four leaders who voted for this are really serious. And, they will be spending some SERIOUS money. All this to try to retain control over Couch’s 900 acres, which represents about 5% of the Summerfield area. So keeping 95% of Summerfield just isn’t enough? If the de-annexation went through, what are the odds the legislature may decide to revoke the charter? Summerfield provides next to zero services and so, there is not much justification for its existence. This is going to be fun!!!!
Summerfield has and will spend enough on legal fees to have built a new modern town hall, which is sorely needed. This will certainly lead to the town charter being revoked sooner than later. The gang of 4 have now destroyed the hopes of a town. At least they will then be unemployed by the citizens of Summerfield and out of their power trip. So long, goodbye, and good riddance.
ken, you just don’t get it. Summerfield never controlled Couch’s land. He was free to hold his land and work within the confines of municipal authority, which every Summerfield resident has the right to do. As I understand, Summerfield had acquiesced on some of Couch’s requests to try and satisfy him. In my estimation, Couch was urged on by people who are bullies and people who believe they will gain from de-annexation. The size of Summerfield and the services provided by Summerfield are irrelevant to the issue of de-annexation. To bring in extraneous arguments suggests a lack of understanding of the issue, which is the NC legislature voted to de-annex land from a town at the request and to the benefit of ONE individual. As far as revoking Summerfield’s charter, what basis would there be to revoke the charter? What is the difference between Summerfield today and1996 when originally chartered? I do not know what went into selecting Robinson Bradshaw to represent Summerfield. Regardless of the law firm, if Summerfield wins in court, there should be a concerted effort between Robinson Bradshaw and Summerfield to recoup their legal fees. While generally recouping such fees are for plaintiffs who win and are less well-off, Summerfield’s case involves an act by a governing body that demonstrated contempt for a small town, preferential treatment of ONE individual, failure in its constitutional duties of equal protection, and the use of a Local Act for the purpose of benefiting ONE individual. It is for all these serious violations by the NC legislature that, if Summerfield is victorious, the town should be reimbursed its legal fees. All defense parties will try and drag-out the proceedings as long as possible because the legislature is not paying their legal bills. The NC taxpayer is. Isn’t government wonderful?
So, BJ, you are suggesting that fighting against what should be considered an unconditional act by rouge politicians, poking a dog that bites? Unconstitutional in the meaning that the decision favors ONE individual at the expense of a small town, you know that thing called equal protection. In this case, Summerfield is the entity. Has the NC legislature EVER de-annexed any land to the benefit of ONE individual. Note to the NC legislature voters for de-annexation, you are not God. You do not have the authority to vote in favor of legislation that favors ONE individual. This entire process has been sleazy in its orchestration by politicians, including Guilford County, lawyers to line their pockets, and those who expect to gain from the outcome of the vote.
You must have never read the North Carolina Consitution, lol. In fact, it is expressly Constitional to do what the General Assembly did. The only outcome from this will be the town now becomes insolvent from wasting hundreds of thousands on a law firm and then ultimately loses it charter for it.
The constitution may give the legislature the authority to de-annex, but it does not give the authority to practice discrimination of a small town in favor of ONE individual. Couch bought favors with political donations, look at his record of donations, including Skip Alston. The NC state legislature made the Town of Summerfield a victim by showing preferential treatment to ONE individual, regardless of the argument put forth by that ONE individual. While a municipality may not have standing to invoke the equal protection clause, if the NC legislature has never de-annexed land from a municipality prior to Summerfield to the benefit of ONE individual, then all municipalities in NC should be very concerned. Remember, the vote to de-annex was not a unanimous vote.
Something important was left out of the motion. How much is the retainer, $100,000? How much is the hourly fee for Matthew W Sawchak? Starting March 4, 2023 Lynne Devaney led the way and the town hired about five to eight law firms, and 25+ attorneys. Town should disclose how much they spent on all those lawyers — and the town FAILED.
Now hiring another lawyer — from Raleigh. In the past many of those lawyers were out of state. Town. town spent $300,000 to $400,000 for lawyers and LOST. Now mystery contract for another lawyer opinion. Matt Sawchak bio shows a law clerk for Judge Clarence Thomas when Thomas was Appellate court. Will the town pay opposition legal fees if we file legal action and lose? Or is the $400,000 only for legal opinions? What is lacking in Summerfield is COMMON SENSE.
While it may be unlikely, I hope this bankrupts the town & Couch wins. If he can de-annex, I sure as hell want to secede from the city, county & state. I’ll decide if that should include the nation in November. “No taxation without representation.” These politicians aren’t representing us, they’re representing their own egos, and those who line their pockets. Forced annexation should be illegal anyway. The only reasons it isn’t are greed, vanity, and pride.
There is no forced annexation. It is now called voluntary annexation, which means if you have land in the county and you want to sell to a greedy developer, and the developer needs water and sewer, ask the nearest city, e.g. Greensboro or High Point to annex your property into the city. The NC legislature has removed itself from any annexation disputes by giving property owners and developers free reins. Remember when annexation was somewhat orderly requiring that the annexed property be contiguous (touching) to the current city limits? No more. If a developer wants to build 200 houses in the middle of a cornfield and the owner of the cornfield is enticed with big bucks by the developer to sell, regardless of the neighbors’ objections, the development can be made to happen. Greensboro and especially High Point, have no regard for the area and neighbors surrounding the proposed annexed area. High Point has never met a developer it did not like and agreed with. Rest assured, that once the developer or in the case of the Guilford County School Board’s and County Commissioners’ proposal of a school on Boylston Rd goes before the Planning Board and the High Point City Council, the die has been cast and the irrevocable decision to annex the property has already been made. The NC legislature’s decision to legislate voluntary annexation is the result of laziness by passing the buck and acquiescence to developers and municipalities. Remember, cities have lobbyists, too. As a result of voluntary annexation, there are large developments surrounded by county land. But, of course, the NC legislature has not given up de-annexation. Forked tongue is the hallmark of government, regardless of party. May Jay Wagner, former mayor of High Point, be unelectable to any political office again.
Suzy Q, I like your moniker. Hiring a Raleigh law firm makes perfect sense, probably will save money. The defendant (NC Legislature) resides in Raleigh, saving travel expense and billing hours; familiarity with the legislative process; and hopefully connections. The law firm needs to move the process along at a fast pace, saving Summerfield money rather than taking full advantage of their client. Only a judge can order the reimbursement of legal fees. It is highly unlikely that would happen. Remember the Bible story of David and Goliath? In this case, Summerfield is David and Goliath is the NC legislature that set a bad precedence by de-annexing land in favor of ONE individual.