Newspapers / The Brunswick Beacon (Shallotte, … / Sept. 5, 1985, edition 1 / Page 2
Part of The Brunswick Beacon (Shallotte, N.C.) / About this page
This page has errors
The date, title, or page description is wrong
This page has harmful content
This page contains sensitive or offensive material
Page Z-A?THE BRUNSWICK BEA< ? r>- | ' litis t KNibD-ir* 101 adjoining itie may become (hp subject of iegai a< Sunset T( To Establ BY SUSAN USHF.K Sunset Beach Taxpayers Association members expect to file suit before November in an attempt to gain public use of an oceanfront lot once intended for that purpose. "We will file suit," Taxpayers Secretary Minnie K. Hunt, a candidate for the town council, told more than 140 members gathered at the fire station Saturday morning. "We intend to bring suit before November." At question is the availability of lot 1-A for public use, preferably as a parking/beach access area. The group liad delayed a decision on legal action pending action by the town council, which Thursday night declared the I.ot 1-A matter "closed." The association's attorney, member James B. Maxwell of Durliam, describes the legal question as "whether or not a piece of property, once platted, which shows a street or road fur public usage can thereafter be withdrawn." Attorneys tor the town and N.C. league of Municipalities agree that the tract was apparently properly wiUidrnwn from public dedication, based on available information. Hut the Ixuigue attorney added that the common law doctrine of "easement by prescription" might provide an ulteniate basis for a public claim. Tlie tract was once platted as a public roud?the oceanward extension of Sunset Boulevard -and offered to the town by its previous owners, M.C. und Minn (lore. But in 1970 the town apparently refused the property, returning any rights it had to the former property owners. Withdrawal documents to Hint effect were Itl-o in tne Brunswick County Register of Deeds office on Nov. 2 and Doc. b, 1970. Rased on tills Information, In n written opinion Town Attorney Michael ft. Isonberg concludes thai the property lias been properly ....it ..... t .??at?ti? ?? ?i j H1UK1IUWII IIUIII uniinutui 1 Ut' Milt] the low it "lias no rights in it" since li years have elapsed since the offer o! HBPOA 1 Holden E (Continued From Page 1-Al tion. said the town lias received a rul litK f rotn the attorney Rene nil's offm that the road Is privately owned Amos explained why the town'] water lines were run the entire lengtl of the island, even through a prtvati subdivision "At the tune the water Une wa; built, the eounty's overall plan was ti go to 1 ong Beach, under 1-ockwoo Folly Inlet and then go the entir llMW'th of Unai K " Amnn ?iai*4 "This is how we got our money 1 was to go under the Shallotte Inle and down Ocean Hie Beach That t the only way we got our KHa loan I HOW TO S THE BRUMSM K>it OKI %0 SHAllOTTl NOI for*moil Newspopwr ANMtlAl WUCItrnON R4T1S IT ert Cowrtty a In New 1ft CoroJitO OviNKT# Nor1t> CCNoinvo t* ?*>?? m4 ft* I 1 City $?c?? u* X)N, Thursday, September 5, 1985 jl Sunset Beach Pier Beach Taxpayers Assi lion by inc SuilAtH Suviiiu iiaVc a rigid iy axpayers To ish Public Cl< dedication was made and the land th was never accepted and opened for tii public use. et His opinion was requested after the c< town received a letter from Tax- pi payers Association officers John G. McCarthy and Minnie K. Hunt, who ai recommended the lot be used by the si town for parking since, in the cl association's opinion, it had alreadybeen platted for public use. w "We believe the (withdrawal) was fi not particularly correct in its filing," si Ms. Hunt added Saturday morning, si noting there had been prior public th use of the property. pi After the withdrawal documents or were filed, the property was encirled with fencing and barbed wire, barr- ha ing its future use by the public. of The land is now owned by Beach Enterprises, of which Mayor Pro tern ne r?J n i_ 1J ? a E.U VIUI I- Ut JJI I'M111*IIL Wl In (ho second legal opinion, issued ag by a former Brunswick County at- sei torney, Ellis Hankins of the N.C. toi league of Municipalities agrees I generally with Isenberg's analysis Ki regarding the withdrawal, as was ed pointed out at the Thursday night Si meeting of the town board. "1 Based on that consensus, board te members took no action on a request ve from the SBTA to make the lot ini available for public parking. w< "If there arc no comments," said Ki Mayor Jim Gordon, "the matter's ini closed." ini However, Hankins' opinion con- 1-j linues: "It appears that any claim that the it! public, represented by the Town, re- le tains any interest in the land would Ui have to rest upon another legal pi theory, such as easement by ju prescripUon. fo "1 have seen a newspaper clipping to which Indicates that the members of ar the Sunset Beach Property Owners bi (Taxpayers) Association are of the pi opinion that some public rights are Ui ri'utineu Because oi adverse puoiic ic use between 1955 and 1970. I "let me emphasize lhat such a at 1 claim could possibh be established m I through litigation The judgment of m rakes No Sta each West C has bwn proven " Several members of the audience ii ; argued that the road should revert to ti public use under the "prescriptive fl s easement" law. since the public has g l gained access to the west end by trail h ! or road for more than 15 years tine member said she has been go- d t ing to the west end Mine 1952 by way > of i road that would carry her v 1 sister's car "If it was strong enough t r to carry a car. it was a road." she ad- t I ded t "We're not attempting at all to t close the beach off to anyone," t'.rtf- f s fin said "I've never stopped anybody r t from walking down the road " i UBSCRIBt TO /ICK&BEACON ! *470 1 4 twtAHXIN* 7HS? of the ftrvnswirfi Islondt MAIi: V 0**m in 314 | 1 7 37 1 23 ] 10 00 ?00 Nrt H 4k*f? MAw ? I 1 I I I ' s : BINGO . ' ' - ?jSS?~\ jB / K4. STAFF PHOTO fV SUSAN USHER [K'iation. which says the public pai k iiicrc. Sue im ie court would rest on a determinaon of whether the facts satisfied ich of the several elements of the immon law doctrine of easement b> -escription. "1 have ntt Dersonal knowledge nl ly facts which would substantiate ich a claim in this case," he colluded. In a poll taken earlier this year or hether to pursue legal action, only ve "nos" and one abstention were ibmitted. No answer was condered an affirmative vote. Twoirds of the membership must ap-ove any legal action taken by the ganization. Before Saturday the organization id collected $5,500 toward the cost the action. The Taxpayers' Association wsletter also reports from Maxill that a suit brought in 1968 ainst (lore regarding Lot 1-A was ttled in fail 1970 at the time of the aii council's action. B.K. Industries Inc. (David B. inoy Jr. and his wife, Frances) filL action against M.C. Gore and inset Beach and Twin Lakes Inc. rhe Kanoys sought and obtained a mporary restraining order to prent Gore from building on that lot," Jicates the newsletter. The suit ?s ultimately settled and the inoys signed an agreement waivg and quitclaiming to the Gores any lerest they may have had in Ix>t In arguing on bctialf of the suit to i membership, the association adership listed four reasons to file e suit: To restore it to the town and iblic "as a matter of equity and slice; to solve the "ongoing need" r public parking; to provide access the ocean and parking for owners id renters on the mainland and ck side of the island; and helpmg openy owners uirougn me eimunain of blocked driveway's and litred property. News of the pending suit brought 1 enthusiastic reaction from the embers present at Saturday's re ting ince On Hosing Griffin said for years people seek ig access to the west end had to ot ain permission from the realty of Ice. He said that three previou ates placed across the private roa ad been run down by motorists Former mayor and longtime resi icro jonn rioiaon. wno saia ne couk look alt of you in the (act- and say ras here before you came," sal here was always a trail that led t he west end "The question is. where doe invacy begin and the public us nd*" he asked. "The public is as) ng, how do we get to the beach'" Holder said the closing of the we: nd raises important Question? abot leach access His father had the tas providing pubbc accesses for tfi u-st residents of the island, he addei "I think it's time for somebody I crept the responsibility of providin public accesses from Jorda toulex ard all the way to the we end.' Holden added to a round of a| via use One property owner who owns Same pass the barricade said Satu lay he did not tike the gate or prtral road because be <bd not believe I Treating an evckisive beach.** Building Inspectior (Continued From Page 1-A) Harvey said the towns would be charged full cost of (service under such a contract, so it would not cost the county anything to provide the building inspections. , However, Harvey also noted that other municipalities have also contacted the county and have asked about I seeking contracted services. "They're going to keep wanting the county to take over and we don't feel we can now," Harvey said. County Attorney David Clegg said the decision for the commissioners would be a "matter of weighing priorities as it occurs. The towns have known just as long as the county of Brunswick that they were going to have to do this." Commission Chairman Chris Chappell requested that letters from the mayors of the two towns first be obtained that request the services before the board take any action on the matter. Other Business In other business Tuesday, the board: Extended the penalty fee charge for work begun without a building permit to begin Dec. 16 rather than Sept. 15. The public needs to be more informed on the building code program, Harvey noted. Approved a contract with D.W. Griffith and Associates of Xfaleigh to cunuuci a classification study ot county personnel, including 155 positions not subject to the State Personnel Act, for a price of $15,884. Another bid, submitted by Lewis and Lewis Inc. of Lillington, for $5,632 would have to use county personnel to perform portions of the study, County Manager Billy Carter said. Access Problem (Continued From Page 1-A) and possibly a sun Sunset's use as a "day beach" would town, since the bri< be resolved if more development town limits, t resulted from construction of a new The current IX bridge. plan calls for rigl Access Problems tion is to begin in fi Problems with the bridge this year have focused attention on the safety and convenience of the existing ac- Wonti" cess to the island. In January the * * 11 bridge was struck by passing vessels twice, cutting cff road access to the ^jLMT i island for four days at one point. More recently, the bridge failed to ^ upper, close properly on Aug. 17. delaying weather y.ough tha motorists for up to 3W hours during y^ South grunsw the check-in, check-out transition week force<j Hurric period for vacationers. j^j. west?ard joun In its resolution Thursday, council on a route that ^ members said that "statistical facts ^r across Florida gathered by the Department of Eastern Seaboard Transportation clearly indicate that point metCorologist the project growth of the Sunset instead, after f Beach area and the obsolescence of pa??.arri for ahont the present bridge lend support to the pressurc trough we fact that demands for access to the ^ ^ ieaving the h beach will far exceed the capacity of tanjy Without 8ny the facilities now in use here." ing currenls -p,. Hlgh-Rise Favored system to affect ^ The N.C. Department of 1 ranspor- M|d c^yy tation has proposed a $5.2 million. turf| around ^ ^ 65-foot high fixed span bridge to ,.jt was one of y^, replace the pontoon-type floating u was difficult to large, the last of its kind along the was gmng .. ^ coast One of five alternatives what a hurricane a presented at several public hearings. gQ anywhere and d, this model is considered the most \Vhile Elena bide cast-efficient, being less expensive than mid-level alternatives, Predominately federal funds will be IB BIB I used in construction of the bridge. VHBBB with some matching from the state Classified Ads YOU Get Fast Results coa: . CAN SSP^Sli1 GIVE^ 4 big Formosos $1)0 eoch Other Varieties Azaleas g Buy 3 Can i gal size $130 i Central Ai Red Tips SI .75 * LEAH'S 1 for'ea S NURSERY ; 2 video'I 1 HWY 17 JUST NORTH OF " VCrsflT ' d VSHALIQTTE PHONE 754-6994^ 3 payme 0 __________ per mo Professional 4' IJproI 1 LAUNDERING AND carriers DRY CLEANING twice as \ ? : COA SHALLOTTE hwt * DRY CLEANERS in 7S4405 Shaliotte 4. i Help Requested Met in executive session for 90 minutes before voting to purchase 35 acres of land from Dr. Hunter Heath of Southport to be used for the county water system. Two personnel matters were also discussed in executive session, as requested by Carter, but no action was taken. Approved a resolution requested by former County CvIIuTuSSicn rh.qj''"">n Pssrly V?r?6n nroino T_T S fV?ngressman Charlie Rose and Senators John East and Jesse Helms to address the nation's agricultural problems. The resolution charges the lawmakers with turning the agricultural situation into a "political issue" and states they "have refused to find workable solutions" for the problems facing today's farmers. Joined the N.C. Association of County Commissioners Joint Risk Management Agency that will provide a risk-sharing program for workers compensation claims ror county employee^. ine sen-insurance program will save the county approximately $15,000 to $20,000 per year. Carter said. Approved a contract amendment with Jerry Lewis and Associates of Shallotte to redesign a water line for segment 5 of the county's water project to 24 inch mains rather than 20 inch mains. Set a public neanng lor Sept. 16, at 6 p.m., for the first reading of the resolution to hold an $8 million bond referendum to fund classroom buildings at Brunswick Technical CollePP The hnarri will mppt nt r-tn n rr? 1K*> same day to continue discussion of the Caw Caw drainage project. Draws Attention i requested of the actual construction in 1988. Because ige lies within the of divided support for the project, it has been given a lower level of prioriDT improvement ty in the past, though the state has lt-of-way acquisi- proceeded gradually toward replacescal year 1986 and ment of the span. ier Systems Affected \nd Local Conditions evel low pressure Gulf, the low pressure trough it brought rain to brought the local area 1.15 inch of ick Islands last rain, above the three-quarter inches ane Elena to stop of rain predicted for the period. >ey and turn east Temperatures for the period Aug. jld have brought 27-Sept. 2 averaged about two and toward the degrees below normal, Canady said. 1 , says Shallotte A daily average high of 85 degrees Jackson Canady. combined with an average nightly >ropelling Elena low of 69 degrees for an average daily 150 miles, the low temperature of 77 degrees, Canady akened and mov- said. urricane momen- The maximum high reading of 88 significant steer- degrees was recorded on Sept. 2. e next weather Temperatures reached the minimum r was a rich high, nightly low of 67 four days during the forced Elena to period, Aug. 27 and 31 and Sept. 1 and ad west again. 2. use storms where During the next few days, he said. predict where it temperatures should average near : said. "It showed normal for September, ranging from an do?that it can the GOs at night into daytime highs in d anything." the upper 80s. About three-quarters d her time in the of an inch of rainfall is expected. EN YOU'RE HOT, I REW^BUT PTll klP^UCMIAAl 3 ML mcvnHniLHi KEEP YOU COOL PLUS rOU A SPECIAL BONUS! REASONS TO CALL: 579-6290 rier High Efficiency r Conditioner NOW! ^ nergy SSS now and rs to come tSSRSST B Si itjarss bgj nth?APR 18% i.iancing with ed credit * MODELS 38E0 EH 38QF. QH Heat Pump ; BEST CENTRAL AIR CONDITIONERS ARE EFFICIENT AS TYPICAL OLDER MODELS... S I ? tm |i~j 1 Snarp VHS V<Jeo Cassette Recorder Front Load.7 Day 1 E?eot 8 Hour sSHSSSKHMO Record Piaroac* Capability fteta I Value S3J9 55 T THE BEST WHEN YOU CALL: STAL MECHANICAL 179, Vi MILE FKOM OCEAN ISLE CAUSEWAY PWONI 579-4290 ar 579-7552 LanMed Mm oner L
The Brunswick Beacon (Shallotte, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Sept. 5, 1985, edition 1
2
Click "Submit" to request a review of this page. NCDHC staff will check .
0 / 75