i
Trial Administrator Hopes
To Reduce Backlog Of Cases
TIIK HKUNSWlt'K BKACON, Thursday, January 29. 1987-Page 13-A
Bridge Right-Of-Way Decision Appealed
BY ICTTA SMITH
Jiin Thompson wonts to make
some changes in the 13th District
Court system.
After oil. that's his job.
Some of the things Thompson, 37,
wonts to do as the system's new trial
udministrator is to reduce the
backlog of court cases, help speed up
Uie pruev&s of jafy selections and try
to ca.se the lack of space he said ex
ists in the dLstrict's courtroom.s.
Thompson began working in his of
fice in Whitcvillc
tills month; from
there he will
work with the
courts in
Brunswick, Col
umbus and
Bladen counties.
He is presently
working with
state court ad
ministrators on ways to catch up the
case backlog.
“ITI be making scheduling recom
mendations to tlie chief superior and
district court judges,” said Thomp
son. “These judges want to be able to
get a judgment; Uiey don't want to
Imvc these cases just sit there.”
He said he will define criteria and
make recommendations for the
selection of juries, which shoum also
speed up the backlog.
Thompson said Columbus County
has the largest number of cases in
the district. Brunswick the second
largest and Bladen the third largest
“1 don't know for sure, but I Udnk
the way Brunswick County Is grow
ing it will eventually have the largest
number of cases,” he said.
That’s why he said be would even
tually like to sec Brunswick County's
Courtrooms enlarged.
“The size of the courtrooms here
are inadequate for the volume of
cases hanaled in them,” said Thomp
son.
He said the Superior Court judges
also want him to look at state law re
quirements on fingerprinting people
charged with misdemeanor and
felony crimes.
“The SBl has recommended ways
to make the procedure more uniform
in all districts,” said Thcxnpson. "We
want to make sure this district has
followed through with those recom
mendations or if it could be more
rloKPly rnnformpd In It.”
Another of Thompson’s jobs will be
to order supplies for the Judge's (A-
fices and to make his secretary
available to do their typing and fil
ing.
Thompson is the first ad
ministrator for this district, and the
ninth one to be employed In the state.
He and his wife Mary Ann moved to
WhivCville Dec. 29 from Saginsw,
Mich., where he served as a clerk
magistrate and trial administrator.
Two Ocean Isle Beach pre^Tty
owners whose lands were condemned
by the state to make way for a liiglh
rlse bridge arc appealing a recent
court decision that limits the basis on
which they can claim damages.
The judgement issued Jan. 10 by
13th District Superior Court
Emergency Judge Henry A. McKin
non sets out what lands on which
defendant Odell Williamson can seek
compensation and damages, order
ing an amended plat, and dismisses
defendant Harry L. Rickenbackcr's
claim for damages.
The defendants, Williamson and
his wife Virginia; William T. Bull-
Ington Jr., lessee; and defendants
Rickenbacker and wife Judy, are ap
pealing McKinnon's judgement on
the basis of errors they intend to
show were committed during the
course of May 28 hearing, according
to the notice (rf appeal filed Dec. 29 by
their attorney, Henry Foy.
The two cases Itad been cianbined
for a May 28 hearing before McKin
non in Brunswick County Superior
Court to resolve several questions
common to both suite prior to jury
trials to determine the rompensation
due the defendants.
IX)T began condemnation pro
cedures against Williainson and
Rickenbacker In September 1983
after Williamson rejected an offer of
$300,000 for 2.4 acres located along
both sides of N.C. IKM on the island
end of the bridge. Rickenbacker re
jected an offer of $1,950 for about
eight-tenths of an acre of marshland
bordering the Inlrucoastal Waterway
on the island.
When the high-rise bridge was
built, portions of old N.C. 904 were
clased off.
In hi.s December judgement.
McKinnon ruled that Willianvsonhad
not suffered compensable damage to
property east of old N.C. 904 because
of the abandonment of Lhe old bridge
and creation of a barricade and cul-
de-sac on old N.C. 904 or by the
change of access from their property
oast of old N.C. 904 to Uie new N.C.
904.
As a finding ot fact, ihe court
agreed with Williamson, however,
that the lots he owns on both sides of
old N.C. 9(M and the new highway
have a “unity of ownership, of land
and of purpose” that .should be con
sidered in determining the compen
sation due him tor Use taking of a por
tion of the land for the bridge, .said
McKinnon, including damage, if any,
to the remainder.
He was referring to the portion of
Wiliiamson's land that lies outside
the boundaries of the Intracoastal
Waterway.
McKinnon also ruled that the
defendants have failed to show,
cither by recorded title or adverse
possession, that they have a compen
sable interest in lands they had
claimed title to within the limits of
the Intracoastal Waterway.
In his dismissal of Uw Ricken-
backers' claim, he .said the couple
had not established ownership of any
land outside the right-of-way o! the
intracoastai Waterway. Ricken
backer had sought compensation,
saying the remainder of his property
was no longer accessible.
In answer to a related query,
McKinnon ruled there was no reason
to stop DOT from denying that
Williamson and Rickenbacker hold
title to those lands within the water
way limits.
He also ruled that the defendants
have failed to show that the state
discriminated against them in the
taking.
Williamson and Rickenbacker had
raised the question, saying the N.C.
Department of Administration in the
past had recognized the claims of
others to lands located within the In
tracoastai Waterway right-of-way.
n
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