lasteJjMViwn A new dining and entertainrr supplement premiers in this is Twenty-seventh Year, Number 29 ,m i DURHAM ATTORNEY JIM MAXWELL (center) confers with members of Concerned Citizens of Brunswick County Taxpayers Association last Wednesday afternoon at the New Hanover Countv Judicial RuilHino in Wilmington, after the N.C. Court of Appeals heard Appellate Courl in Holden Bead BY RAHN ADAMS A four-year-old dispute over public access to the western end of Holden Beach climbed another rung on the legal ladder last week, as the case was heard by the N.C. Court of Appeals. A three-judge panel composed of Sidney Eagles, Sarah Parker and Robert Orr heard arguments last Wednesday afternoon in the 1985 lawsuit, which questions the now private status of Ocean View Boulevard West through Holden Beach West subdivision to Shallotte Inlet. The appeal was heard in Wilmington. Durham lawyer Jim Maxwell, counsel for the plaintiff group called Concerned Citizens of Brunswick County Taxpayers Association, said the appellate court generally renders its decisions 90 days after cases are heard. Other attorneys involved in last week's proceedings were Assistant Attornev flpnprnl Aiion inmiooi. ^ uwiiu^aa, representing the N.C. Department of Natural Resources and Community Development (NRCD), in its role as intervenor-plaintiff; and Barbara Sullivan, representing the defendant, Holden Beach Enterprises Inc., developer of Holden Beach West. Representatives of both sides have indicated to the Beacon that the N.C. Supreme Court probably will be petitioned to review the case. Attorneys say the suit is a key test of the public's right to maintain "reasonable access" to the shoreline, versus the rights of property owners to restrict public use of private lands. Maxwell, who represents the Sunset Beach Taxpayers Association (SBTA) in a similar beach access lawsuit at Sunset Beach, said the Court of Appeals probably will hear arguments in that case in about six weeks. The development firm, Sunset Beach and Twin Lakes Inc., appealed a Superior Court decision that an oceanfront lot was an extenson of Sunset Boulevard and, therefore, a public right-of-way. Two SBTA members?Bill Hunt, who testified in the Sunset Beach access trial, and his wife, Sunset Beach Councilwoman Minnie Hunt?were present at last week's Holden Beach West hearing. Mrs. Hunt said they were there to give "moral support" to the plaintiffs. Headed by spokesman Raymond Cope of Lexington, six members of the Concerned Citizens group attended. Four Holden Beach West residents also were on hand, including Holden Beach Planning and Zoning Board member Sid Swarts. Jim Griffin, president of Holden Beach Enterprises, was not present. Both Swarts and Cope had testified in the November 1987 trial in Brunswick County Superior Civil Court. Following last Wednesday's 45-minute hearing, the men expressed mixed reactions to the proceedings. "My complaint is that what I heard here was not what I heard in the Brunswick County courtroom," Swarts said, later adding, "I believe that the appeals Veterans Groups separate Memorial Day services Refreshments will will be held Monday in Calabash and post's ladies auxilit Bolivia by two local veterans An Arkansas nal organizations. served as an offici U.S. Army Col. Charles N. Bullard, Tranporation Corp commander of served tours of d the Transporta- Korea and Germar tion Brigade at I posts with the Depa Sunny Point, will f my's Military Pers be guest speaker \ " $ 1) Field Artillery Cet Monday at a 3 - /%.' ' Okla. p.m. service at 1 *r" Calabash VFW v .Holden Beach VI' Post 7288 in 'jam| conduct a Mcmor Traders Village, Monday at 11 a.m. Calabash. buli.aki? Memorial at the B Talking $$$ The Towns of Holden E >/C/r(U Beach aim to hold the they ready budgets fc 1 , Pages 7 A and 11 A. isue! w i ' b0!vb svok bindery v br'RlNQPORT ft *"* .'.iiC'4 HE BRUNSWICK BEACON MlUIIUllc, STAFF PHOIOS BY RAHN ADAMS arguments in the Holden Beach West lawsuit. Pictured clockwise from left are Assistant Attorney General Allen Jcrnigau, Nancy Cope, Maxwell, Bill Courtney, Grace Courtney, Raymond Cope, Betty Paroda and Ed Paroda. \ Hears Debate i West Lawsuit "Unfortunately, you and other members of the public are barred from that opportunity (to use Ocean View Boulevard West), and that is why we're here." ?Jim Maxwell Concerned Citizens Attorney court is smart enough to read the record before they make a decision." Cope indicated he was cautiously optimistic about the outcome of the appeal. "I'm excited, but it's still a 50-50 chance," he said, then interjected, "Like Jim (Maxwell) said, if I could go to the west end (of Holden Beach), I would go this afternoon." Cope was referring to Maxwell's opening statement to the justices: "It would be an outstanding day for us to leave where we are and adjourn to one of the beaches. In f.,?f T ......1*1 IK-- ...:n: 1 1 ?- - iUV. X nuuiu UC inutc LI Id 11 Willing clllU Ilcljjpy LU 1UV116 y U11 to go to Holden Beach, which is one of the more attractive beaches we have on the barrier islands here on the coast. "And I would be particularly pleased to have an opportunity to take you to the western end of the island, Shallotte Inlet," Maxwell continued. "But, unfortunately, you and other members of the public are barred from that opportunity, and that is why we're here." The suit involves the citizens' contention that Ocean View Boulevard West through the subdivision is a public right-of-way, even though the developer constructed a gate and guardhouse at the entrance to Holden Beach West to restrict public traffic. A fundamental issue in the case is the theory of prescriptive easement: whether or not access rights were established by what the plaintiffs maintain was a continuous and uninterrupted use of a definite route over at least a 20-year period. Maxwell told the court last week that the road was used by his clients for up to 50 years. However, in his Superior Court decision, Judge Bruce Briggs of Madison County found that the public's use of the road was interrupted, because the developer erected various barriers beginning in 1963 to block the road. Also, Briggs found that the route taken by the public "has not been confined to a definite and specific line of travel." Maxwell, who used the majority of the plaintiffs' 30-minute allotment to address the prescriptive ease(See APPELLATE, Page 2-A) Plan Memorial Dai t be served by the Government Center, Bolivia, iry. Bruaswick County Veterans SerIJ..11 1 1 ? r\cc: * ? .. .. biw, uutiuiu ncib viucs umt'cr jess h'HrKcr shk! the jr in the Army's name of the late Harry I,angdon s since 1%6. He Pigott will be added to the Brunswick uty in Vietnam, County Honor Roll of Valor during ly, in addition to the service. irtment of the Ar- Pigott, a World War I veteran from onnel Center and Shallotte, was killed in France in iter at Fort Sill, September 1918. The veteran's family recently provided the county with information about his military ser'W Post 88(>(> will vice, Parker said, ial Day service The West Brunswick High School , at the Veterans .IROTC Color Guard will participate runswick County in the Bolivia service. Also, members i And Sense ieach and Ocean Isle ) line on tax rates as >r the coming year. jrsday, May 25, 1989 Previous C Judge's Ru BY RAHN ADAMS The discovery of a nine-year-old misdemeanor conviction has caused more recent charges to be replaced in a county utility board official's record. According to the Brunswick County Clerk of Court's office, Judge Darius B. Herring on Friday rescinded his month-old order that had erased charges of assaulting a law enforcement officer and of being drunk and disruptive in public from the record of 33-year-old Leland area resident : John T. Boney, a member of the Brunswick County Utility Operations Board. Documents back on file Friday in < the clerk of court's office state that the charges were expunged at i Boney's request during the April 17 . term of Brunswick County Superior , Court, one month aftpr llm Brunswick County District ] Attorney's office dismissed the i charges due to Boney's participation i in a community service program for i first-time offenders. By state law, individuals who < previously have been convicted of a 1 criminal offense?whether a felony i or misdemeanor?are not eligible for i an expungement. Also, they are not ] eligible to participate in the first offender program, which officials say has been used infrequently here. I Court documents show that to sup- i port his motion for expungement, fil- I ed by Southport attorney Mary < Easley, Boney signed a sworn af- i fidavit in April verifying statements i in me mouon, including one that said \ he "has not previously been con- I Developers To BY DOUG RUTTER More than one year after original c plans were submitted for a proposed [ marina on Lockwood Folly River, a r developer of the facility said this f week that a revised set of plans are g ready for state and federal review. j Mason Anderson, a principal in Channel Side Corporation which is t developing the Lockwood Folly golf t and water community near Varnam- c town, said Tuesday that changes in the pending state permit application were completed earlier this month. Original plans for the facility included 50 boat slips in the water and a dry boat storage area which could accommodate up to 100 more vessels. Anderson said revised plans do not include a dry boat storage area. Also, new plans call for a slight relocation of the marina basin. Although the developer said revised plans were sent to the proper authorities nearly two weeks ago, a state official involved with the pro jeci since lis inception said Tuesday " that he had received no contact from the developers concerning the plans. Jim Herstine, regional supervisor of the state Division of Coastal Management, said that he had heard rumors that a revised set of plans were forthcoming, but noted that he had received no official word from Channel Side. / Services of the Calabash and Holden Beach VFW Posts' ladies auxiliaries will ' place a wreath at the Veterans ' Memorial. In addition to the local observances, a traditional Memorial Day ( service will be held on board the USS " North Carolina Battleship Memorial near Wilmington, Monday at 5:45 p.m. * /? The Second Marine Division from i Camp Ixijeiine will provide music, and a color guard representing all 1 five military services will par- i ticipate. I Mfu/ Supplement Include* 25c Per Copy 104 Page; tonviction R< ling In Bore victed of any felony or misdemeanor, i other than a traffic violation . . Also, in entering the first offender < program, Boney also signed an 1 agreement in February which stated, 1 in part, "that the defendant has not ? previously been convicted of a 1 criminal offense ..." s In June 1980, Boney was convicted J in Brunswick County District Court < of selling a malt beverage to an underage individual, according to f court records. He was sentenced to a i 5300 fine and a suspended six-month t jail term. I Assistant District Attorney \ Thomas Hicks, who handled the re- c cent case, said no action had been c taken against Boney as of Friday, in I connection with Boney's statements I about his criminal record. District c Attorney Michael Easlev told the Beacon Monday that Boney might F have made the statements by relying I on a certified record check which did c riot turn up the 1930 misdemeanor 1 conviction. f Boney did not return the Beacon's c call, which was left Friday on the c telephone answering machine at his a residence. He also could not be t reached for comment Friday at his t Belville business. Boney, who was appointed to the I LJOB in January, was charged with r being drunk and disruptive in public F and with assaulting Brunswick Coun- 1 ty Sheriff's Deputy R.N. Spencer last 1 August, according to arrest war- ii rants. The alleged offenses occurred a n the parking lot of Boney's store, while the officer checked a vehicle F that displayed no license plate, the Submit Revised Based on rumors of significant v changes in the plans, though, c lerstine said he expects the lengthy I eview process ror a major UAMA S >ermit will have to be started from t icratch once the revised plans and d >ermit application are received. If the changes are minimal, he said fi he plans would not necessarily have d o go through the entire review pro- F :ess. c Although officials with several en : v ? m$wt mm / *' ,>/ j ' I'^ '-i l'Vl .-rf > : ' V ^ ' V- ' :.:' .'... 'X * >;.> JLf .*" ' - *v;': x> -* ' '' ' ;! *. g& tc?t> '. ' ? -'.CX ,. I VETERANS SERVICES OFFICER Jes: Vloore of Burgaw installs three new flag ;rancc to the Brunswick County Govcrnt / V. , ! j In This >, 3 Sections, 2 Supplements i everses &y Case I .varrants state. Boney pleaded not guilty to both 'liirnoc V?lr. 1 J l--i UIIGIi 1UO V-CliC >Yctd (ICitlU IclSl December in Brunswick County District Criminal Court. Prior to his ippeal to Superior Court, he was bund guilty of both charges and was >entenced to a $100 fine and a suspended 29-day jail term, accorling to court records. In February, Boney entered the irst offender program, based on a equest from himself and the District attorney's office, records state. Brunswick County Community Service Coordinator Pat Martin said Frilay that Boney completed 24 hours of sutside maintenance work in "ebruary at Brunswick Town State iistoric Site. He also paid a $100 immunity service participation fee. Ms. Martin said the first offender >rogram has not been used often in Brunswick County, although it is ommon in other parts of the state, "he program's intent is to allow a irst offender to demonstrate "good onduct" while prosecution of his :ase is deferred, as stated in Boney's igreement. Charges are dismissed if he participant complies with the erms of his agreement. | Brunswick County Clerk of Court Diana Morgan said Friday that she lotified Judge Herring of Boney's irevious conviction on Monday, May a, aiier sue discovered the 1980 file ate on Friday, May 12, while answerng a television reporter's inquiry bout the case. Ms. Morgan indicated that the 'ebruary record check did not turn (See RULING, Page 2-A) : Marino Plans ironmental agencies voiced conerns, the N.C. Division of Marine 'isheries was the only one of the 14 tate and federal agencies to review he plans that objected to the marina uring the first review last year. At the time, Marine Fisheries oficials said the marina could jeoparize resources in the Lockwood Folly liver, which historically has acounted for about 40 percent of the (See DEVELOPERS, Page 2-A) ^ | sr v ;F>*-^sii?e A .;< wv. teph- # Ji r ' ** ' ' r SVSZZf ''A, . v *??' SIAfF PHOTO BY RAHN ADAMS s Parker (right) watches as Glen poles Friday morning near the ennent Center on U.S. 17 iu Bolivia. i I I ;lj