A group of property owners has intervened in a developer’s lawsuit against New Hanover County months after a similar effort in a different case.
The Tarin Woods Property Owners Association has formally intervened in developer Hoosier Daddy’s lawsuit against the county, according to court records. The case concerns the Board of Commissioners’ October 2025 denial of a special use permit request for the proposed 291-unit expansion of the Tarin Woods neighborhood in the Myrtle Grove area.
In a separate case, 23 Marsh Oaks residents have intervened in developer Bee Safe Porters Neck’s appeal of a September 2025 special use permit request denial for the proposed 300-unit Bayshore Townhomes development.
About the intervention
In a Sept. 1 filing, the Tarin Woods POA details
the “special and distinct” damages that its members would suffer if the denial was overturned. The filing states that the POA would become legally responsible for maintenance and other costs once the development is complete because it has been characterized as an additional phase of the subdivision. The board also notes that it is already facing unexpected repair costs due to “eroding roads, stormwater system erosion and regulatory non-compliance and poorly maintained common areas.”
The filing also cites increased traffic, loss of privacy, safety issues, deterioration of current neighborhood aesthetics due to loss of tree buffers and an increased risk of flooding.
Representatives for the association and the developer did not immediately respond to requests for comment. New Hanover County has declined to comment on the pending litigation.
What the filings show
In a filing from December 2025, New Hanover’s legal counsel submitted dozens of exhibits presented by the opposition during the Oct. 6, 2025 commissioner meeting. The exhibits include an investigative services letter titled “The Questioned Signature of Jack Carlisle.” Carlisle was the original owner of Hoosier Daddy and his signature appeared on the application, but he died during the review process.
Opposition representative Michael McCulley said that James Yopp, who was also listed on the application, was not an authorized agent, a claim that Hoosier Daddy’s counsel disputed. Notably, the application was submitted just before a deadline that amended the review process from quasi-judicial to legislative, maintaining additional barriers to public input.
Hoosier Daddy’s counsel motioned to remove the collection of the opposition’s exhibits from the record on appeal, noting that they were “superfluous” and not admitted at the initial commissioner hearing. A ruling has not yet been made on the motion.
A jury trial for the appeal is set for Jan. 11, 2027.
Daniel Sheehan covers New Hanover County for the StarNews. Reach him at dsheehan@usatodayco.com.
This article originally appeared on Wilmington StarNews: Neighbors intervene in developer's lawsuit against New Hanover
