Graduate student faces eviction in the midst of three-year legal battle

A graduate student has found himself in the middle of an argument between the Town of Carrboro and his landlord.

With two months left on his lease and two months left of school, UNC graduate student Chris Higginbotham will be evicted from his apartment that sits on Marilyn Kille’s Peppermint Spring Farm.

Kille’s three-year legal battle began in 2006 when she was told the apartment on her land was in violation of town zoning laws.

Higginbotham attended the Board of Aldermen meeting Tuesday night to present his concerns. Aldermen told him he could address his issues through the court system.

Initially, Carrboro said Higginbotham needed to move out by Sept. 1, but he appealed to Carrboro Town Manager Steve Stewart, who extended the deadline to Oct. 31.

Higginbotham said he still can’t find somewhere to live in a college town where month by month leases are difficult to come by.

He said the first time he heard anything about Kille’s situation was when he read a newspaper article. Later, Josh Hansen, Kille’s now former attorney, contacted him and told him about all the litigation.

“He said the town had been researching me … they have known who I am since May and hadn’t contacted me and let me know about anything either,” he said.

He said Kille didn’t inform him of his pending Sept. 1 eviction until Aug. 22.

“Both parties involved have waited for me to figure this out.”

Higginbotham, who served in the army for four years, enrolled in UNC’s journalism graduate program in Aug. 2007. He was scheduled to graduate in May 2009, but was called to serve in the army in March 2008 and missed the fall 2008 semester.

Higginbotham is taking four classes, works as a teaching assistant and has now spent more than a month looking for a place to live so he can finish his education.

Higginbotham recently e-mailed Carrboro Mayor Mark Chilton in an attempt to “appeal to his sense of decency” and allow him to stay until he graduates in December.

Chilton referred the request to the Board of Aldermen, who would not consider his plea.

Alderman Jacquie Gist said the case has been decided in the courts and the board did not want to make any changes in the final outcome.

“If I were him, I would be very upset that his landlord has misled him … the town is not the one at fault here,” she said.

Higginbotham questioned what difference two more months would make to the three year long ordeal and Chilton said from his point of view, it’s been two years too much.

Brian Voyce, a candidate for Carrboro mayor, said the town’s attitude toward Higginbotham’s situation shows a lack of compassion on their part.

“This tenant has nothing to do with the catfight Marilyn and the town are in,” he said. “You can believe there’s this bureaucratic bungling by all sides.”

Contact the City Editor at citydesk@unc.edu.