Myers Park lawsuit updated

The Myers Park Homeowners Association (MPHA) filed a lawsuit against Queens last year alleging that the university didn’t follow the city’s zoning rule by constructing of the Levine Center for Wellness and Recreation and South Residence Hall and parking deck.

The N.C. Court of Appeals ruled that the University was within the confines of zoning policy and allowed Queens to continue with construction. MPHA has formally appealed the ruling made by judge Timothy S. Kincaid.

The decision was handed down the same day that 2,300 Queens students started their first day of classes.

Kenneth T. Davies, the attorney that represents the plaintiffs, said that the residents want to appeal to the N.C. Supreme Court. They have 30 days to file an appeal.  Even though the appeals did not hinder the construction of the facilities, it could allow for a new access road to alleviate traffic on Wellesley Avenue, which has the only entrance to both South and the Levine Center.

One of the main issues raised in the lawsuit was that Wellesley Avenue could not handle the traffic generated by such buildings.

Jean Boggs, who has lived at her 2208 Wellesley Ave. home now across the street from South’s entrance for 54 years, has witnessed firsthand all the developments and additions that Queens has done over the years. She has not been a fan of them, often feeling trapped in her home due to the car line of parents dropping off or picking children up at Myers Park Elementary School.

Boggs was especially angry with the most recent constructions. She agrees that Wellesley Avenue is not a big enough road to support South’s and the Levine Center’s traffic. Since her interview with The Queen’s Chronicle last year, she has noticed an upturn in traffic that had already disturbed her during the day and at night.

She isn’t a fan of the view the new buildings provide, either.

“The construction has ruined the Myers Park ambience,” she said. “The buildings look junky to me.”

For its part, Queens has compromised with Myers Park residents. The University presented designs of the Levine Center to them and made some revisions based on their criticisms. It has also funded a traffic control officer.

The University has been advised by its attorneys not to comment on ongoing legal matters with Myers Park.

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Published by students of Queens University of Charlotte, 1900 Selwyn Avenue, Charlotte, N.C. 28274.