A handful of updates on past posts

The end of July marks the mid-point of the traditional camping season, although that term has become increasingly elastic and even meaningless due to the distorting effects of climate change. Nevertheless, this seems like an apt moment to hit “pause,” check back on what I’ve written in the past and provide updates where appropriate. Some stories actually do reach a resolution, but many more have a way of continuing with no clear end in sight.

Ghost Town in the Sky just won’t die

One such ongoing drama has to do with Ghost Town in the Sky, a now defunct amusement park in Maggie Valley, NC about which I last wrote nearly two years ago. The property’s greatest champion, Alaska Presley, had entered into a business partnership with a Myrtle Beach-based hustler, Frankie Wood, who sweet-talked her into naming him the managing partner of their joint venture despite his shady past. In addition to contributing the property itself, Presley apparently covered all of the venture’s operating costs; Wood’s end of the deal amounted to little more than half-baked ideas drizzled with snake oil.

Then Presley died, age 98.

Inheriting Presley’s 50% stake in the partnership was her niece, Jill McClure, who cast a notably more business-like eye on its affairs. It didn’t take her long to conclude she was holding one end of a snake—and not the business end of it, either. The upshot was a lawsuit seeking to dissolve the partnership, filed in North Carolina’s Superior Court, alleging that Wood had breached his fiduciary responsibilities and thus was putting McClure’s interests at risk. Given Wood’s history to date, that would have seemed like a slam dunk.

But no. Ruling more than 18 months after the case was filed—in part because of numerous filing extensions requested by Wood, earning a judicial rebuke for “litigation by ambush” that nevertheless had no effect on the final decision—Special Superior Court Judge for Complex Business Cases Adam M. Conrad concluded in mid-May that McClure didn’t have a case. The legal arrangement to which Presley had agreed, and which McClure had inherited, clearly specified that Wood “is the sole managing member of Ghost Town in the Sky and that it has unilateral authority under the operating agreement to manage the company’s day-to-day affairs without McClure’s consent.”

That “management,” as the decision also observes, includes four years in which the venture “did not secure financing, earn income or hire employees.” Since Presley’s death, it also includes non-payment of 2022 and 2023 property taxes. No matter. As Judge Conrad sees it, there is nothing extreme enough to merit an involuntary dissolution of the partnership—which leaves Wood still at the helm, Ghost Town in the Sky even more of a moldering heap than it was four years ago, and McClure gamely telling a local reporter, “I’m moving forward with a positive attitude.”

Stay tuned.

Cacapon locals knock out two RV parks

While Maggie Valley refuses to give up the ghost, a two-fisted attempt to put an RV park in or next to Cacapon State Park, West Virginia, finally appears to have been defeated.

The first such effort, as I wrote a year ago, featured an overly cozy relationship between state officials and Blue Water Development and their efforts to build an RV campground with more than 300 sites in the state park. The proposal quickly generated fierce local opposition from park advocates and local residents, who objected to its size and the amount of traffic it would generate in a rugged area notable for its narrow roads and rustic vibe. As more details emerged of Blue Water’s backdoor maneuvering, the whole idea became politically untenable and ended up getting axed.

But that only made way for a competing proposal that had already been floated as an alternative to the state facility: a 50-acre private development adjacent to Cacapon State Park, with up to 241 sites for RVs, cabins, yurts and tents, as well as such mega-park amenities as a swimming pool, bathhouse, mini golf course, sports courts, dog parks, several pavilions and food truck areas. Ironically, as local opponents worried that the “oversized RV campground” would scar a panoramic viewshed rated by National Geographic Magazine as “one of the top 5 scenic views in the East,” the developer of the proposed campground was . . . Scenic LLC.

Despite boisterous public hearings that divided the Morgan County Planning Commission, all needed permits were approved and Scenic LLC seemed set to proceed. But then the months rolled by and nothing seemed to be happening, encouraging the opposition to renew its battle. In late June, more than two dozen local residents showed up at a planning commission meeting to demand a reconsideration, with some accusing commissioners of “selling out” the community and the commissioners responding that the project had met all county guidelines for commercial development, so what else could they do.

And then, just like that, it was over. Two weeks ago, Aaron Bills, Scenic’s principal owner, announced that he is stepping away from the project. The plan had been to seek a KOA franchise for the property, but apparently the price tag was too steep. This is “shockingly bad timing for finances,” Bills told county officials, according to the Morgan Messenger. “As a family, we’ve decided we can’t deliver on a KOA-branded campground”–indeed, he added, would the county be interested in buying the property for itself?

Danville’s casino-related RV park craps out

A 333-site Roman-themed RV park in Danville, VA, proposed last year by  J. Cubas Holdings of Coral Gables, Florida—which, not incidentally, has absolutely no experience in operating an RV park of any size, much less an avowed “high end” operation—is no more.

After the neighbors rose up in arms for any number of obvious reasons, Cubas switched gears and said early this year he’d build a bunch of new homes, priced between $300,000 and $350,000. Ironically, he’d held that out as a threat against the city if it refused to permit his RV park—only to have the city elders say that more housing is exactly what Danville needs. “Folks moving here, they need somewhere to live and there’s only so many places you can build new developments, so we’re happy to have this moving forward,” explained city councilman Lee Vogler.

Plus here’s another bonus: putting the kibbosh on Cubas’ “Palace Resort” also deep-sixed his plans for an annual biker rally that he promised would rival those of Sturgis, SD and Orlando, FL.

Reservation software getting regulatory stink-eye

As public officials learn about the price-fixing potential of algorithms used by centralized reservation software systems, first extensively detailed by ProPublica two years ago, they’ve started erecting legislative constraints at the national level. Now that’s filtered down to the local precincts: yesterday, the San Francisco board of supervisors adopted the country’s first local ordinance banning landlords from using certain software to set rents.

According to CBS News, the measure bans the sale and use of software “which combines non-public competitors’ data to set, recommend or advise on rents and occupancy levels.” Doing so, said the ordinance’s sponsor, amounts to “automated price-fixing.”

Yes, that’s only one city, and a decidedly liberal one at that. And yes, the ordinance applies to rental apartments only. But it’s not much of a leap to see how the same concerns can apply to widely shared campground reservation systems, like CampSpot, which aggregate user data and enable “individual campground owners to compare their metrics, such as average daily rates, occupancy rates and revenue per available site, with what everyone else is doing—and to make adjustments as desired.”

Sooner or later, the anti-trust police may take notice.

Frank Rolfe is at it again—but badly

Finally, scarcely more than two months after an email blast soliciting customers for his misleadingly titled RV Park University, Frank Rolfe is at it again, still hyping his “RV Park Investor’s Boot Camp.” This broadside, like the previous one, touts his 30 years of experience “building one of the largest portfolios in the U.S.”—experience that can be yours for only $997. “That’s for roughly 20 hours of video,” he writes. “And that’s a true bargain investment in your education on this sector.”

Okay. Pretty standard Frank Rolfe fare thus far. But embedded in the email is a link to a video that’s supposed to seal the deal, “Unlock RV Park Investment Success,” under the equally problematic headline, “The RV Park Boot Camp Is The Gold-Standard.” The first half of the two-minute video is Frank giving his sales pitch. The second half, without anything resembling an introduction, apparently is supposed to highlight one of Frank’s investment successes: the Mission Bell-Trade Winds RV and Mobile Home Resort, deep in the heart of Texas.

This is, as you might glean from the name, not an RV park but a long-term residential mixed-use development catering to retirees (“Homeownership Made Affordable”) and snowbirds. The residents, by all accounts, are a cheerful and welcoming bunch. The place itself is a dump, showing its age and in a generally run-down condition. Its website, where the only items under “news” urges readers to check out “the exciting events of the 2022-2023 season,” is just as outdated.

Judging by this example, Frank’s boot camp deserves the boot.

“Ghost Town” living up to its name

The Maggie Valley, N.C. melodrama known as “Ghost Town in the Sky” continues to live up to its name, albeit with an ever more bitter story line. The latest developments include the death of its foremost champion, a subsequent land grab by the project’s Svengali, and now a lawsuit seeking to unwind the whole mess.

But first, a little context.

Ghost Town in the Sky, as I’ve written about here and here, is a now-defunct amusement park perched on a tall hill overlooking picturesque Maggie Valley, just outside Great Smoky Mountains National Park. Once a booming tourist attraction, it closed two decades ago, done in by too much deferred maintenance and insufficient room to expand enough to compete with bigger, flashier tourist magnets on the other side of the mountains.

For all that time, however, founder Alaska Presley never lost sight of her original vision. Having sold it years earlier so she could retire, Presley repurchased Ghost Town at auction in 2012 for $2.5 million–51 years after it started operating, and 10 years after its subsequent owners had closed it down. But Presley, then 88, was determined that her mothballed and undercapitalized creation would be revived. Someday. Somehow.

Several revival setbacks later, Myrtle Beach-based developer Frankie Wood swept into Maggie Valley–and, apparently, swept Alaska Presley off her feet. In fairly rapid order, the unlikely pair formed two corporations, Ghost Town in the Sky, LLC, and Maggie Valley RV Park LLC; tellingly, the only cash or real estate contributions to both partnerships came from Presley, including Ghost Town’s 250 acres and its buildings, as well as more than $100,000 for initial improvements. Presley also contributed another $275,000 for the purchase of land and engineering studies for an RV park. Wood’s ante? A claim that he owned $3 million in property he could sell to raise cash, as well as the claim that he had access to an additional $34 million in grant funds, to provide “for development of the real property.”

Actual cash on the barrel? Not so much.

But Presley was not the only Maggie Valley resident seduced by Wood’s promises. Despite his truly checkered history of broken contracts, foreclosures, bad debts and lawsuits, amply chronicled by The Mountaineer, Wood enthralled much of the area’s business community with tales of how much development a revived Ghost Town would require–new RV parks, stores, restaurants, a health clinic, even an RV manufacturing plant–and how all that wealth would flow through the town. He conjured up visions of Disney imagineering teams designing next-generation amusement park attractions, and of how the problem of inadequate mountain-top land would be solved by carving huge terraces into the mountainside, creating a ziggurat of tourist delights.

Then Presley died, this past April. And four months later her niece, Jill Holland McClure, has filed a lawsuit seeking to dissolve both partnerships. To date, McClure claims, Wood hasn’t spent anything for property development, there has been no accounting for the money provided by Presley, the grants never materialized–indeed, not a shovelful of dirt has been turned. As for the RV park, the plans Wood submitted to the town inexplicably call for a permanent housing development instead–although that, too, remains more of an idea than an actual thing.

Meanwhile, the lawsuit also contends that ongoing expenses for companies that “remain insolvent and illiquid,” including taxes, utilities and insurance, were paid exclusively by Presley before her death and now have fallen on McClure. According to the operating agreements both Presley and Wood signed, the corporations can be dissolved by mutual consent, by sale of the company from one partner to the other, or by judicial decree. And McClure, to whom all of Presley’s “interests, rights and duties” conveyed when she died, apparently hasn’t been as beguiled as her aunt by Wood’s fantastical ways. She wants out.

Wood, of course, recognizing the potential landgrab that has fallen into his lap, is having none of it. “Alaska Presley was my partner, not her,” he has insisted, disregarding the language that advances McClure’s interests. Or as his lawyer summed up, when interviewed by the Smoky Mountain News, “If a guy sits on a horse, he owns the horse”–which may be as fitting an epitaph for a western-themed mirage as any North Carolinian might dream up.

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NIMBY part 2: Maggie Valley woes

Straddling a winding North Carolina road, halfway between Asheville and the Great Smoky Mountains National Park, the town of Maggie Valley is the kind of vacation spot that appeals to people looking for hiking trails, Appalachian vistas, wildflowers and black bears. No surprise, then, that despite a relative lack of flat ground it has at least nine campgrounds and RV parks along a two-mile stretch of the main drag, which seems like a fair number for a town of only 1,700 or so–but for some, there’s never enough.

Riding the same wave of pandemic-juiced development that is afflicting other naturally beautiful areas, Maggie Valley also has been contending with the grandiose plans of a Myrtle Beach-based developer, Frankie Wood, who for the past two years has been spinning tales of how he intends to revive a now-defunct tourist attraction, Ghost Town in the Sky. Ghost Town has been sitting in mothballs since 2002, and Wood–as reported by The Mountaineer–apparently hasn’t invested a penny of his own money in the mountain-top amusement park. But he does have a “trail of bad debts and court cases over the past 30 years,” including having his own home foreclosed on in 2019.

In best “Music Man” style, however, Wood has besotted much of the Maggie Valley business establishment with his grand designs, acquiring partners for other projects he insists must precede The Big One. Chief among these is a need for more housing for all the employees he’ll eventually need, which translates into planned unit developments, trailer courts and more RV parks, which–given Maggie Valley’s vertical geography–has meant a flurry of rezoning requests to allow increased building density. And, for a while, Wood was getting all that and more, receiving dozens of land-use designations consistent with high-density development.

But while much of the business community warmed up to Wood, a clear majority of Maggie Valley residents felt otherwise. Too much was going on, and what was going on was too helter-skelter, without a clear vision of how everything would fit together or how it would reshape the town. Last fall, with two of the town’s aldermen positions up for election, two of the four candidates campaigned on a “smart growth” platform–and were overwhelmingly propelled into office by the biggest voter turnout anyone in Maggie Valley can recall. “I want to see smart growth, smart investment,” top vote-getter John Hinton summarized for the Smoky Mountain News. “Campgrounds are not smart growth. We want to see homes built. I’d love to see Ghost Town redeveloped . . . but I’ve yet to see a comprehensive plan of how that would work, a comprehensive plan that would not include a burden on the taxpayers of Maggie Valley.”

Lacking such a plan, the town is now drafting its own and expects to have it finished by July. Until then, the Maggie Valley board of aldermen hit the “pause” button, approving on a 3-2 vote a moratorium on any new developments. Sounds smart, doesn’t it? A triumph for local control over zoning and planning decisions? A recognition that there has to be a balanced approach to land use, so that someone doesn’t plop a landfill next to a hospital, or a steel mill in the middle of a housing development?

Not to North Carolina Rep. Mark Pless, who recently told a Mountaineer reporter that a six-month moratorium “sends the wrong message about Haywood County, that we are closed for business.” Dismissing the new aldermen as “wet behind the ears,” Pless–who has just finished serving the first year of his freshman term in office–said he is thinking about introducing legislation to reverse the town’s decision. Such a local override bill doesn’t require the governor’s signature in North Carolina, only needing the approval of the state’s House and Senate–and as the Mountaineer pointed out, legislators from outside the area affected by a local bill typically bow to the wishes of their colleagues.

Home rule? Only a quaint idea when there’s money to be made, even in an area as politically conservative as western North Carolina. Pretty soon the Mountaineer may have to contemplate a name change to something a little less rugged and independent. Maybe the Profiteer. Or better yet, the River City Review.

Because yep, you’ve got trouble right there in River City.