Newspapers / The Brunswick Beacon (Shallotte, … / Jan. 18, 1990, edition 1 / Page 3
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Barring An Appeal. Area Goes To Leland Barring an appeal, a Superior Court judge ruled last week that Leland. not 3cl"ille, has legal stake to a business area claimed by both towns. In an action filed last October against the Town of Belville, the court had been asked to interpret state statute and rule on whether Belville's annexation of the disput ed area was valid. The judgment by Superior Court Judge Dexter Brooks came last week, following a hearing Wednes day in Brunswick County Civil Superior Court in Bolivia. Judge Brooks, hearing court in Bladen County this week, was expecu d to sign an order in the case Tuesday. Belville's governing board voted at a 6 p.m. meeting Sept. 12 to in corporate the area. However, that same day, Leland area residents ? including residents of the disputed area ? went to the polls and voted for incorporation. Seeking a declaratory judgment in the matter were the Town of Leland and owners of property in the territory in question ? E.G. Dale, Dorothy K. Everette, R.T. and Dora Barefoot, John R. Morgan and Boney Wilson & Sons, Inc. Donald L. Smith of the Raleigh firm of Womble, Carlyle, Sandridgc & Rice represented the property owners. A. A. Canoutas of Wilming ton, town attorney, represented the town. Belville's town attorney is William Lynch. None of three attor neys could be reached for comment Tuesday. In a memorandum of law filed Jan. 9, plaintiffs argued that Bel ville's annexation had not been ac complished before the incorpora tion. Plaintiffs based Leland 's claim on interpretation of the use of "prior to" in the act that provided for in S Ml ' staw memo rr so van ujhh IMMEDIATELY AFTER the successful Sept. 12 vote to incorporate Leland, an abandoned barge in the Brunswick River near Belville and Leland, was "rechristened" the USS Leland. A judge ruled Friday in Leland's favor in a dispute over which town had proper claim to a portion of the business district that Belville voted to annex the same day Leland voted to become a town. corporation of the community. Spe cifically, the bill said Leland could annex the area it had targeted, pro vided that any part of 'he area which might be annexed by another municipality by an ordinance adopt ed "prior to" a favorable vote on in corporation would be left out. Belville's board adopted the an nexation ordinance approximately an hour before the polls closed on Sept 12., with the effective date of annexation specified as Oct. 23. For the annexation to have taken effect before the incorporation of Leland, plaintiffs argued, the ordi nance would need to have been adopted no later than Sept. 11, the day before the election or incorpo ration, in order to avoid absurd con sequences such as confusion over who was eligible to vote in the in corporation referendum. "Because Belville's annexation was not effective 'prior to' Septem ber 12, 1989, the territory in ques tion was incorporated into Leland and no longer subject to annexa tion," the plaintiffs argued in a memorandum of law filed in the case. Russell Baldwin, mayor of Le land, said Tuesday a order order had been prepared and was to be pre sented to Brooks that day for his signature. "It's strictly up to them (Belville) now. If they don't appeal it, it's over. Hopefully they will not ap peal." Belville has 10 days from the date the court order is signed in which to appeal the case to the N.C. Court of Appeals. Ford Says GO CHEVROLET r??RS CHt^ Mark King says WE'RE YOUR HOMETOWN DEALER REBATES END . 15 POINT SAFETY [vf CHECK Sf All Belts Ef Radiator Hose er Transmission Fluid ST Coolant QT Tire Pressure Ef Front End H' Tie Rods ET Ball Joints Ef Alternator Ef Shocks Ef All Lights Bf Heater Hose 0" Differentials Ef Wiper Blades 5^ Exhaust System MORE REASONS TO BUY CHEVY Make a Pit Stop at Ford Bros. Chevrolet and the race is on...us! Race FansI Bring your GM car for the fo# owing service spe cial(s) betors March 2, 1990 and you art on your way to the 1990 Goodwrench 200 raca with a free ticket and a free collectors racing cap. United Supply Lube Oil Filter Special 0111.25 perqt. Filter $6.00 MOTE: Mo* good on QM cw ortf Register To Win Fr*? Weekend Race Prizes (See us tor cornpMs package detafc) GRAND PRIZE- 1 990 Goodwranch 200 Grand Marshal FIRST PRIZE- 1 990 Goochwench 200 Honorary Stanar SECOND PRIZE- Hononry Pit Crew Member on the ChMresa/Eamhardt racing teem THIRD PRIZE- Eight seats of 2 Sunday grandstand tickets. Two Hoapitafty Tent Passes (Sunday). The race Is Saturday, March 3, 1990 at the North Carolina Motor Speedway in Rockkigham, N.C. Cap and ticket quantities are bnited. so nurry In todayl Mon-Fri 730-530, Sat 9 AM-10 FORD BROS. CHEVROLET IH! f FORD BROTHERS CHEVROLET GEO \ V?oTo?84L3F7R," 249-9067, 448-J5007, 399-4400 HWV 9 a^Sr?h mvrtl^be",
The Brunswick Beacon (Shallotte, N.C.)
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Jan. 18, 1990, edition 1
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