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.
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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
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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)
^ |
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teph- #
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' ** ' ' 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
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