A developer named in Brunswick County's first ever resident-led appeal to a development in Brunswick County Superior Court seeks dismissal.
With 1,000 homes on the line, Cherrytree Development leaders are asking a judge to dismiss the case and impose sanctions against the residents and conservation group that opened the case nearly six months ago.
The case was filed in April by Winnabow property owners, Brunswick County Conservation Partnership and descendants of families buried on the property. They are requesting a court review the Brunswick County Planning Board's decision to approve the Cherrytree residential and commercial development, due to alleged errors of law, improper procedures and more.
The project was initially denied in September
2025, but four out of five board members voted in March 2026 to approve resubmitted plans for the 741-acre tract along Cherrytree Road and Bell Swamp Road. As approved, the project includes plans for roughly 1,000 residential units and commercial development.
County residents previously voiced concerns about the project, as well as two other sizable projects proposed nearby, being a risk to public health and safety. Concerns about the property having a large amount of wetlands has also worried Winnabow residents.
Rather than arguing the development issues themselves, the developer's most recent filing focuses on procedural issues.
Leland Estates LLC, the developer behind the development, filed a motion seeking dismissal of the case, Rule 11 sanctions, declaratory relief and a finding that some filings may constitute the unauthorized practice of law.
In the motion, Leland Estates' attorney William Phipps states the petition should be dismissed because the plaintiffs allegedly failed to comply with required filing and service procedures. The motion also alleges that individuals who are not licensed attorneys may have filed documents on behalf of other parties and the conservation group, which the developer contends is an unauthorized practice of law.
Under North Carolina law, individuals generally may represent themselves in court but cannot represent other individuals or organizations unless they are licensed attorneys.
The developer is also seeking Rule 11 sanctions, which allows courts to penalize parties for filings that violate procedural rules or other legal requirements. In addition to dismissal, the motion seeks attorney fees, costs and other damages, including claims tied to a pending property transaction that the developer alleges has been affected by the litigation.
A hearing on the motion is scheduled for Oct. 12 in Brunswick County Superior Court. The hearing will address the motion to dismiss, the request for Rule 11 sanctions, declaratory relief and the allegation of unauthorized practice of law.
The hearing will determine whether the case proceeds to a review of the planning board's approval or is dismissed before the court reaches the underlying claims concerning the project.
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Savanna Tenenoff covers Brunswick County for the StarNews. Reach her at stenenoff@usatodayco.com.
This article originally appeared on Wilmington StarNews: Developer asks Brunswick judge to toss Cherrytree case | Exclusive
