I
Page 2-A?THE BRUNSWICK BEACOl
ATTORNEY RENDERS
Sunset St
Rights Bei
BY BIIXMCGOWAN
A small, but highly valuable strip
of Sunset Beach sand, which has been
the subject of controversy for over a
decade, does not belong to the town,
according to the opinion of its attorney.
Members of the Sunset Beach Taxpayers
Association, however,
disagree and have indicated the matter
could end up in litigation, depending
upon action, or the lack of it, by
members of town council.
The legal opinion, offered Aug. 2 by
town attorney Michael R. Isenbcrg,
states that the property located im...o/linlnlo
???
iiivuiom-ij wiov vi uic oumci wcav.ii
Fishing Pier (recorded as lot 1-A) i
iias been properly withdrawn from
dedication and that the town "has no
rights in it."
The land is listed in the name of
Beach Enterprises. Suaset Beach
Mayor Pro tern Ed Gore is president
of the company. He claims the town
gave the land back in 1970.
Council requested that its attorney
render an opinion following receipt of
a July 15 letter from John G. McCarthy
and Minnie Hunt of the Sunset
Beach Property Owners Association.
The letter urges council to use the
property for public parking and
beach access.
"Since it is already platted and
dedicated to public use," the letter
states, "there would be no cost in acquiring
the property at the present
time.
"Some years back, some Individual
placed a fence and wire
around that dedicated piece of property,"
the letter continues. "We
have noted that on recent maps of the
area, it is listed as Ix>t 1-A, as a lot d
suitable for development, and is n
presently listed as being owned by o
Beach Enterprises. It is our opinion a
that this is public beach property that tt
ought to now be utilized by the town ol
for the public purposes and benefits
to which it was originally intended." v(
According to Attorney Isenberg's ci
interpretation, however, the proper- M
ly is no longer eligible for "public" ci
status, as all rights have reverted to 1,
Utc original owner.
laenbcrg quoted from utile hUiUiU- . o
Because the town never accepted v
dedication of the land, he wrote, and p
because the land was never "actually F
opened and used by the public within tl
15 years," the property "shall be Ji
thereby conclusively presumed to a
have been abandoned by the public." n
Aliandoiuncnt by the public, he add- q
ed, would be presumed only If the
property has been withdrawn from tl
dedication. n
Ttie original map of Sunset Beach
recorded by the developer In the late s
1950s showed Sunset Boulevard runn- b
ing south to the Atlantic Ocean, c
Iscnberg wrote. Tito developer made c
Subdivision <
For Water Li
Brttnchwoori Buy, ? development *
on N.C. 179 invar (Wiiii 1?1?> RmaK t
became She first In the county Mon- ?
(lay to qualify far participation in a 1
county water line extension pro- F
gram a
Following u brief public hearing, t
couunlsxlonors voted to certify the o
subdivision us eligible so long as the l
developer abides by the policies In
the bill. t
The program allows the county to 1
collect from property owners their )
share of the cost of a water line installation
and then reimburse the
party that advanced the money for 1
the installation By statute, the pro- I
gram is available only to existing i
subdivisions, not new ones in which I
the developer continues to have a I
responsibility. In new subdivisions I
the developer must install all water
distribution lines. !
More than the required 75 percent I
of all Branchwood Bay property
owners have petitioned the county for !
the program. In fact, the figure runs i
about SO percent, commissioners l
HOW TO SUB
TUP RD1IMCU/U
a. vnuwnn
rost o?net iox
SHAiiorn NCMTNC
for Aworrf Wliwlno
MMIAl SMKXmOH kATO it MAI
n In Inmwxli County
!!? ?*? In North Corolino
OuttMto North Corolino
| Noma
| Aitdrott
Q City. Slot*
I **'
M, Thursday, August 8, 1985
OPINION:
rip' Owne
long To D<
an offer of dedication which the tow
could accept within 15 years.
"Since 15 years have elapsed sine
the offer of dedication, and since tl
town has never accepted and opene
the road for public use, the develop<
has the statutory right to withdra
the dedication pursuant to G.i
136-96."
Isenherg cited the U.S. Suprerr
Court decision concerning Osbourr
vs. Town of North Wilkesboro, whic
states the following:
"The municipal authorities may <
may not accept the dedication i
their election. If they improve tl
streets and open them to public usi
acceptance is conclusively presun
ea. However, lr ine municipality for
period of 15 yean? or more fails to in
prove and open to public use a stre<
Dr alley shown on the developer'
map, the owner may file and record
declaration withdrawing the stre<
and alley from dedication. By failur
to develop or use, the municipalitiei
rights tu insist on the dedication i
lost... If the authorities for th
statutory period fail to use th
dedicated strip, the right to use i
destroyed by a withdrawal."
Isenberg added, however, tliat th
own would have the right to opei
ind use the street after more than 1
rears has elapsed as long as it is don
>efore the developer records i
lcclaration of withdrawal in thi
drunswick County Registry.
Withdrawal documents were file?
Jov. 2, 1970 in the office of the
Iruaswick County Register of Deeds
igncd by former Sunset Bead
layor Winifred Wood and formei
jwh attorney Mason Anderson, the
eclaration states that the town "forsally
rejects and does not accept the
J?if?? -t it_4 ?'
i ci ui ucuicHiiun ui nun portion,
tid "...furUicr renounces any claim
lat ii may have regarding said part
' Sunset Boulevard."
The withdrawal resulted In con;yance
of the property to Counlman
Gore's father and mother,
I.C. and Mina Gore, and the family
irporation, Sunset Beach Twin
ukes, Inc.
Also on file at the register of deed:
ttlcc is another declaration o
vithdraival which conveys the pro
icrty back to M.C. Gore and his wife
'lied one month later on Dec. 5,1970
lie document states that the town re
tctcd its claim to the land and hai
greed that the state Highway Com
lission had not accepted the area ir
uestion.
Town council members dealt wltl
u- Issue Just over a year ago, bui
ever laid the matter to rest.
At a meeting June 4, 1964, whlh
coking a solution to parking pro
lems in the beach community, coun
il members ran headlong into th<
ontroversy following Gore's offer ti
Ileared
r?l
ne nan
cere told by John Williams. He is tlx
hird party or developer who ha;
igreed to pay up front the difference
11 the advance money paid by mos
iroperty owners and the cost of tlx
ictual installation. Once the count;
ollects from the remaining propert;
iwnrrs. Williams will be reimburse!
lis costs by tl>e county.
' There's a crying need for it arx
here is no opposition to it of whtel
'm aware," he said of the water pro
ret
The local statute. House Bill OS
hat provides for the third-part
reimbursement by the county als
illows it to charge up to 10 percent c
he cost of installation as a fee fo
handling the assessments and collet
ions.
Rut Williams suggested to commidoners
that the percentage is to
tigh
"That would be ?4.000 to $6,000," h
said. "In my opinion, that's high. W
sill only have a few who need to b
tssessed "
anaiwwaBMaaaaaBHi
SCRIBE TO
'iiwuLnvvii
o
'.AKXMA
N?wi Cov#rog?
li Jr. OBm*
D 3.33 C 3 14
Q 7 31 DS.B
10 00 * 00
?MnU?w
A
rship
zveioper
m develop some of his property on the
west end of the island for a parking
x lot.
ie Much of the discussion was promp:d
ted by a letter from developer A1
ir Odom, which suggested the extension
w of Sunset Boulevard as an ideal spot
S. for public parking and access.
"Wouldn't it make more sense to
ie spend tax money towards the use of a
ie piece of property that is probably
:h already owned by the town, that
would be far less expensive to
>r prepare, and be easier to police and
it maintain?" Odom questioned.
i o Thon.Movnr Crfinole V onnv
iv t nvii'txa/vt a' id nvio j\auv/j ,
?, however, reminded council that the
v land was given back to the Gore
a family in November 1970. She told
> them a resolution had been passed by
>t town council at that time which res
jected its claim on the land.
a "As far as I know, the town relin:t
quished its rights to what claims it
e had on the property," Kanoy said at
i' the June 1974 meeting. She said there
s had been no further aciion iaken on
e the matter by the board since 1970.
e Also at the June 1974 meeting, Gore
s said it was a "myth" and "recurring
innuendo started by people of supe
posedly good integrity" which
a started discussion as to whether or
5 not the town had an actual claim on
s the property.
i Property Owners Association
? President McCarthy, meantime,
stills says he isn't buying the town's
I position. He feels the property is
: public and that a restraining order
should be obtained if necessary to *i
prevent its use by Beach Enter
prises.
i McCarthy said Tuesday morning
that once the property was "platted
i for public use" it was no longer up to
town council to decide UDon accen
ting or rejecting the dedication. ()
He said former-Mayor Kanoy had
obtained a restraining order at one
time to prevent building on the land, e
adding that his group may consider r
such action in the future.
"That's a million dollars worth of
property out there," McCarthy said. sl
"It's not going to be given up easily." **
I Minnie Hunt, also u member of the a
I taxpayer* association, said her *
- group will "see what action council
takes before deciding what we will
, do."
She told The Beacon Tuesday morI
ning that a Durham attorney, who is
also a member of the association,
i believes the land is still public.
James B. Maxwell, an attorney
i with Maxwell, Freeman and Beason
t of Durham, has been offering the
group legal council. Hunt said.
> She said the association stands
firm in the belief the land was used
by the public between the time its
; was platted in the 1950s and the time
> the withdrawal was filed in 1970.
Because of that fact. Hunt said,
ownership should remain with the
town.
Sunset Beach Town Council incorporated
its July and August meetings
July 15. As a result, the regular
August meeting, originally scheduled
for Monday night, was not held.
1 Isenberg's opinion will be
5 presented to council members at
their next tegular meeting.
Ready
To Serve
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Trained and experienced in
equipment and hydraulic
> repairs (trucks, bulldozers
>' looders draglines, etc.)
J Complete rood service with fully
equipped trucks
Beck's Equipment Service
i- Doy 919 642-6902
o Night 919 653-2969
THE BRINSWICKAKACON
e Established Nov, 1. 1962
Telephone 754-6890
Publi?H*d F verv TKnrerUw
At Main Str**t
Shollott*. N. C. 28459
SUBSCKIPTtON RATCS
M MVMSWKX COUNTY
On* Y*or $5 23
St* Month* S3.14
I iUIWMM M NOCTN CAROLINA
| On* Yaar $7.32
I SI* Month* $4.16
tumttttf m u.t.A.
On* Y*or $10.00
St* Month* $6 00
I Second clo** pottos* potd ot
th* Po*t OHic? in Shollott*
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;.U ; .
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f. "^ v -'Vjv x.
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- X ? .
COASTAL AREA Management offic
morning that nine lots cleared on the
of Holden Beach have been "rcstor
West End
(Continued From Page 1
Powell Bill funds are allocated b;
towns maintain substandard roads ai
to become part of the town's street
leading to the west end would have
minimum standards of the town and
base of marl.
Even then, Buck said, the owners
quest that the town take over the stre
purposes. Even if the owners decide
themselves, they could still mainta
road, he said.
The town does have the right tc
power down there, the same as any
added.
Guards manned the blockade last v
9 p.m. seven days a week for what Fc
Peddling C
(Continued From Page 1-A)
Ms. Bryant said the ordinance does
specifically prohibit peddling" and
iat people that have not been licensd
to sell "are the ones this ordinance
egulates."
1/ewis said that prior to July 17 his
lient had contacted Mason Ander
>n, a Shallotte attorney and former
>wn attorney for Ocean Isle, to get
n Interpretation of the ordinance.
kndcrson, who wrote the town's pedA
Man Ne
He Stoop
ANNUAL
CHIC
FRIDAY, i
Q.
SHRINE CRIPPLED <
Tickets available
rAU m?i c i ii> r ?i
J. M. Porker A Sons, Sop
Kepp'i Qvick Stop, BoBvfa
Woodrow Rose Service Sti
SHI
--., &0iWi :
- '" \*~t1 >v* '
* -r.
>V- *-.. *' - >** ' ^*s
' . -2
ials ruled Tuesday tlon." Local CAM
;camcuic ncaicuu umu luesaay a
ed to our satisfac- bedroom homes o
Of Holden Bea<
l-A) ed "a breaking i
Y the state to help everyone used to I
id streets. In order Whitley said he
, system, the road Thursday with pe<
to be improved to the beach,
topped with a sub- "It's slowed do
days there were b
would have to re- For the mome
et for maintenance families are havin
to pave the street til there's a bette
in it as a private tand it's going to b
shack, the whole \
i "exercise police But for those wb
where else," Buck end property own<
two ways to reach
.eek from 7 a.m. to "They can walk
irrest Whitley call- said.
Ordinance Argue
dling ordinance, then advised Ballou
thai if the company took orders
before selling goods, then they were
not in violation of the town ordinance,
Lewis said.
Ms. Walrath testified Monday that
she did take orders from the workers
at each construction site where the
truck makes its regular stops prior to
delivering the goods the next day.
Lewis also argued Monday that at
Ocean Ittlc, newspaper vending
}ver Stood So ToI
s To Help A Cripf
Mm
A II A mm a
AUfe. 7, II A.
V" Alt PROCEI
CHILDREN'S HOSPITALS
- ? ? - ? w w?-www W w?a am w
i from any Shriner or c
Service, Supply Tripp's Je
ply HoWen B<
i ABC Stor?
ition, SbeHotte Beedi Tra
A
m p
~ 11
-rj?j ???
:^r<-^:-.,r -$
W
^ H. _*" _~" -' ~:j
\ -
-W ri - .
STAFF PMOTO BY TtWY POPC
A applications were filed through the
ftemoon to construct nine, threen
the lots.
:h Closed
n period. Right now, we're getting
the idea," the guard stated,
turned away from 15 to 20 cars last
>p!e seeking access to the west end of
wn now," he added. "The first few
unches."
nt, west end residents and rental
g to give the guard their names, "unr
system," Whitley said. "I underse
a private development with a guard
vorks."
lose names are not on the list of west
:rs or rental families, there remains
the west end.
the beach, or go by boat," Whitley
d In Court
machines and outdoor soft drink vending
machines would be in violation
of the ordinance since they are
"movabie recepticies" ana are not
permanent structures. Gurganus
said it was "possible" that
newspaper vending machines were
in violation of the ordinance, but that
drinK machines were attached to the
buildings by electrical cords and
therefore not in violation of the ordinance.
> J -? f ' ' -.irj:
I As When
iled Child
UNSWICK
SHRINERS
FRY
M. UNTIL
$3.00
>ER PERSON
olivia
olden Beach
>uthport
lallotte
>ng Beach
;land
cean Isle Beach
1
EDS GO TO SUPPORT I
AND BURN CENTfRS I
it these locations:
wdry Store, ShoHotte
>odi itahy, Ho Won Boodi
Long Beadi
dors Roatty, Ocmr l?le I
1