NC Senate leader pressures small town on behalf of a supporter and developer | Opinion

State Senate leader Phil Berger is usually on the receiving end of lobbying pressure, but in a puzzling local zoning case, he’s the one pressing elected officials.

The case involves the Guilford County town of Summerfield, a Greensboro suburb with a population of 11,000. David Couch, a major North Carolina developer who, according to a 2023 report in The Assembly, has given Berger maximum political donations in recent years, has proposed building a mixed-use development on nearly 1,000 acres he owns in the center of Summerfield.

At first, town leaders balked at the density of the development. The town’s lack of a municipal water and sewer system means most housing relies on wells and septic systems.

Berger entered the dispute last year by threatening to pass legislation that would de-annex Couch’s land unless the Town Council agreed to approve the housing density sought by the developer. In response, the council gave a green light to more density and agreed to support Couch’s effort to get water and sewer service from Greensboro or another local system.

But Couch is not satisfied with the concessions. Now the push is on to take the project, known as Villages of Summerfield Farms, out of the town’s control by having the legislature approve a de-annexation. Couch’s land could then be taken in by Greensboro or another local government that might provide access to the utilities the project would need.

The state Senate leader’s intervention irritated Summerfield residents, many of whom wanted to vote against Berger, whose Senate district included the town. But district maps redrawn by the legislature removed the town from Berger’s district.

Berger’s office did not respond about whether he intends to pursue a Summerfield de-annexation during the short session that opens in April. But in a recent conversation with Summerfield residents, he said, “My intention would be to vote for the de-annexation. Whether it comes up in the short session or not I don’t know for sure, but I think it probably will.”

Berger was open about why he’s still raising the prospect of carving nearly 1,000 acres out of the town’s center despite the council’s attempts to compromise with Couch.

“I know that they’ve changed the town ordinance under threat of de-annexation. They never would have done it, in my opinion, but for the threat of de-annexation,” he said. “It appears to me that the current council is only going to move forward in a positive way as long as there is a threat of de-annexation.”

This is a curious bit of brinkmanship. Why is the Republican Senate leader still pressuring a town no longer in his district on behalf of a developer?

Berger told the town’s residents his position is a matter of principle. “At what point does your ownership of your property extend to telling someone else what they can do with their property?” he asked. “That’s where the rub is. It’s my belief that the town council of Summerfield has exceeded what is reasonable in terms of regulating the use of Mr. Couch’s property.”

When one resident observed that Republicans usually defer to the authority of local governments, Berger said this case is different.

“I don’t believe any government’s authority should be unfettered,” he said. “I do believe there is tension between local government control and the rights of individuals to do with their property what they want. And it’s my belief that the town of Summerfield has overstepped.”

The case took a turn in February with pressure from another direction. The Greensboro NAACP filed a complaint with the North Carolina Human Relations Commission saying the town’s lack of lower-priced housing violates North Carolina’s Fair Housing Act.

This story will take more turns. Summerfield residents are urging state lawmakers to oppose a de-annexation bill. The NAACP complaint is still being explored.

But one element in this convoluted dispute is clear: Berger is using his legislative clout on a local zoning issue. Why remains a mystery.

Associate opinion editor Ned Barnett can be reached at 919-404-7583, or nbarnett@ newsobserver.com