STONEWALL – Cutter Bay’s request for a refund of almost $3 million in water impact fees, rejected earlier this month by the Pamlico County Commissioners, is not dead.
The Charlotte-based developer, R.A. Management, linked last year to embattled former governor Mike Easley, has renewed its request, offering to forfeit $200,000 but asking for repayment of the remainder.
Monday night, during a 30-minute session closed to reporters and the public, the commissioners discussed legal wrangling with New Bern-based attorney Jimmie Hicks, who represents the county in matters of this sort.
By Tuesday afternoon, Hicks had drafted a response that, in no uncertain terms, attempts to permanently shut the door.
In the letter, addressed to attorney Robin Currin with the law firm of Poyner Spruill in Raleigh, Hicks spells out chapter and verse of a policy that governs refunds by the Pamlico County Water Department.
He dismisses Currin’s argument that R.A. Management is entitled to a full refund, citing what Hicks believes to be Currin’s misinterpretation of the policy.
“Even though the system has not been constructed and final approval given as to its operations, final approval of the plans, which is the subject matter of Section C has in fact been given by the Department of Environment and Natural Resources,” Hicks wrote. “Therefore, Pamlico County maintains that your client is not entitled to a refund under Section C, or any other Section of the County’s policy.”
