MARVIN, N.C. — A family says the Village of Marvin wants to build a path through the Marvin Creek neighborhood.
Tori Comiskey and her husband say their Homeowners Association gave village leaders the easement to do so. But they say, legally, the board didn’t have the authority to convey an easement.
“It says it really clearly in our covenants that no public use on our private HOA common area,” Comiskey said.
They blame the board, but they and others, like Lauren Thomas, hoped the village would just give the easement back. Now, the Comiskeys are suing the village to do so.
“We expect them to recognize that the contract that they made with our HOA President was never valid and to cancel the project as a result. If they didn’t know at the time, they know now. And when you know better, you do better,” she told Action 9 investigator Jason Stoogenke.
She says opponents of the project spent more than a year fighting with the village at meetings and on social media. She acknowledges she didn’t want the trail to begin with but says that’s not the only reason driving the lawsuit.
“At the end of the day, we’re really protecting the private property right of everybody here in the neighborhood,” she said.
In the meantime, she says the HOA is considering rewriting its bylaws.
Legally, the village has time before it has to respond to the lawsuit. Stoogenke still reached out to the manager to see if the village wants to comment and to the HOA. The village wouldn’t discuss pending litigation. The HOA says it couldn’t say anything because it hadn’t seen the lawsuit yet.
VIDEO: Builder turns over HOA to homeowners, some neighbors clash
©2025 Cox Media Group
/cloudfront-us-east-1.images.arcpublishing.com/cmg/LH3JSJEF3VBLRJLJQESEAG34AM.png)
