SALISBURY — Nearly two years after his passing, a lawsuit is playing out over land once owned by former County Commissioner William “Jon” Sherrill Barber III, who served from 2006 to 2014, and involving a solar farm he received approval to place on the land prior to his death.

James “JD” Dale Barber has filed a lawsuit acting on behalf of his father, William Sherrill Barber Jr., to reclaim 103 acres of family land that he says was erroneously sold after the death of his brother, Jon Barber. The suit, filed May 1 with the Rowan County Clerk of Courts Office, names Leigh Taylor Casper, Pamela Dixon and Bear Poplar Farms as defendants.

Casper is the adult daughter of Jon Barber’s ex-wife, Pamela Dixon, and listed as the personal representative and executor of the estate of Jon Barber. Bear Poplar Farms is the name given to the 103-acre Mount Ulla property owned by Jon Barber before his death.

The Post reached out to JD Barber’s attorney, David Pokela of Greensboro, for comment and he declined. The Post reached out to Pamela Dixon and Casper through their attorney, Jeff Jones of Kannapolis, and he had no comment.

Barber will

The suit says in 1995, Jon Barber was deeded 28.084 acres by his father, William Sherrill Barber Jr., and mother, Arlene Barber.

Jon Barber married Pamela Dixon on May 24, 2014. Just two months after being married, on July 11, 2014, Jon Barber’s will stated he would give, upon his death, all the property he owned to his wife. On April 27, 2016, Jon Barber conveyed 28 acres to Dixon, his family says, by way of “undue influence.” In the will, he included that if Dixon should die before him, become unable to or fail to carry out his will, then her daughter, Casper, would do so.

The suit provides examples as to why his family believed Jon Barber was of weak mental capacity.

Dixon and Barber divorced on March 21, 2017, voiding any rights that Dixon would have to property that was inherited by Barber. On Aug. 11, 2017, Jon Barber died with his father, William Sherrill Barber Jr., being his sole heir.

According to the suit, on the day Jon Barber died, Dixon called his brother, JD Barber, saying she had the will, she was the executor and that she “gets everything.”

The suit said because the property passed to William Sherrill Barber Jr., the entire will is invalid. In addition, the Bear Poplar Farms deed is also invalid and/or void.

Land sold

On March 15, 2016, Jon Barber reportedly entered into a contract to sell 41 acres of the 103 acres to Adam Foodman, manager/member of JALand LLC and principal owner of Bear Poplar Farms. Also named is Joel Olsen, believed to be a member or manager of JALand LLC. A settlement and closing under the contract was supposed to have occurred on or before March 31, 2018, the suit said.

Jon Barber had received approval from the Rowan County commissioners to place a solar farm on the property in September 2016.

Olsen told the Post he believed Jon Barber had a “very clear vision of what he wanted, which seems to be different from what his brother wanted.”

He told the Post that the property was purchased at fair-market value. The property remains a working farm, he said.

According to the suit, on Aug. 16, 2017, Olsen called JD Barber after Pamela Dixon provided a telephone number. Olsen said he wanted to discuss the solar farm deal he had with his brother, Jon Barber.

The lawsuit said JD Barber told Olsen he wasn’t interested, but he’d pass along the information to his father, who was his brother’s sole heir. The closing and settlement was to occur March 31, 2018. But the contract deal did not occur. It expired on its own terms, the suit alleges.

The lawsuit said the contract was also unenforceable because there was no sufficient description of the property covered under the 41 acres.

Special proceedings

In September 2017, Casper filed a petition against Willliam Barber Jr. and JD Barber to pay outstanding debts against the estate that she estimated totaled $250,000. The statements in the lawsuit said Casper admitted the property reverted back to William Barber because her mother and Jon Barber were divorced.

In the lawsuit, Casper alleged the property is under contract with JALand LLC and payments are being applied to the “outstanding” debt with First Bank. She also makes claims that Jon Barber entered into a lease agreement with a farm and other individuals to grow hay, raise poultry, cultivate blueberries and raise bees on the property.

Casper said in the suit that she felt it was in the best interest to sell the property under contract to satisfy the debt of the estate.

On Oct. 4, 2017, William Barber Jr. and his son, JD Barber, responded to the special proceedings saying if the court deemed the sale of the property was necessary the “executor has a duty to the estate to maximize the return from the sale of real estate.” Both father and son said dividing the property would affect proceeds from the sale of the property. The Barbers also contend that the solar farm negotiations were not complete and were against the wishes of William Barber Jr.

On Oct. 6, 2017, Casper amended her petition that removed Pamela Dixon to raise poultry on the property and references to her mother were removed.

But there was some disagreement on exactly how large the solar farm was supposed to be.

In a meeting that included JD Barber, Salisbury attorney David Bingham, Casper, a representative of the solar farm, and estate attorneys Bradley Nance and Benjamin H. Bridges III, both of whom practice in Salisbury, there were arguments about whether the farm would be placed on 41 acres or all 103 acres and why a contract had listed 103 acres as the size of the solar farm, according to court documents.

In an Aug. 3, 2018, meeting, JD Barber spoke with Foodman, of JALand LLC, who said the solar farm was a “dead issue” and the 103 acres contract had expired. In this meeting, Foodman asked if JD and William Barber Jr. would be willing to sell the 103 acres. JD Barber said he would be keeping the 103 acres for farm use.

Proceeded with the sale

Despite JD Barber informing Casper and attorneys Nance and Bridges that he would pay the bank loan on the property, the suit alleges they “silently proceeded with a sale of the 103 acres without providing any notice.” According to the court documents, Casper never obtained a legally required court order authorizing the sale and/or she never followed the judicial sale requirements. Specifically, Casper would have needed to obtain a court order to authorize a sale.

Court documents state JD Barber believes Casper did obtain a $34,900.02 “improper” commission from the sale of the 103 acres.

Court documents further state Casper sold the 103 acres for $552,000 but knew it was worth significantly more. She listed the value in the Sept. 5, 2017, application for probate and letters as $774,264 and listed the 103 acres in the Dec. 18, 2017, inventory for Jon Barber’s estate as having a value of $845,231.55.

JD Barber also believed Casper created a scenario by which a lender would “threaten foreclosure” so that she could create the position that the property needed to be sold to satisfy the debt of the estate, the suit alleges. She made arrangements for Option B Inc. to buy the bank note and deed of trust.

Of the $552,000 purchase price, $126,016.61 was paid to Option B Inc.

Based on state law, the maximum commission that can be awarded is 5 percent of the probate receipts and disbursements, and without the sale of the 103 acres, Casper’s commission would have been capped at $765.24, according to the lawsuit.

In addition, the suit said Bear Poplar Farms knew it was acquiring the 103 acres for a price significantly less than the fair-market value.

Declarations

In his suit, JD Barber said that Bear Poplar Farms’ purported owners are essentially trespassing on the 103 acres because the true owner is his father, William Sherrill Barber Jr. JD Barber said he wants the court to oust Bear Poplar Farms from the property, which could be in the form of a permanent injunction.

He’s also seeking “compensatory, special, incidental and/or consequential damages” in the amount to be proven at trial, in excess of $25,000, plus prejudgment interest and/or postjudgment interest as determined by law, as well as attorney fees. If it’s found that Bear Poplar Farms owners have altered the property or damaged the property, then Barber is seeking monetary damages.

JD Barber said in the lawsuit that Casper breached her fiduciary duties to the estate of his brother, Jon Barber.

The suit also seeks to rescind the 28 acres Dixon obtained, JD Barber alleges, at a time when she had undue influence over his brother, Jon. Dixon disagrees with the findings, the suit said.

JD Barber said he also has personal property on the land which has not been returned to him.

JD Barber is requesting a jury trial in the matter.

Contact reporter Shavonne Walker at 704-797-4253.