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Holden Beach West Road Is Private, Judge Rules
. c ADA^LS Concerned Citizens attomov .lamnc
BY KAHN ADAM.S
A Superior Court judge's ruling last week upheld
the rights of private property owners in the Holden
Beach West subdivision, but at the same time
guaranteed limited public access to the western end of
Holden Beach.
I.ast Thursday in Brunswick County Superior Civil
Court in Bolivia. Judge Bruce Briggs of Madison Coun
ty ruled in favor of Holden Beach Enterprises Inc., the
defendant in a lawsuit brought by a group called Con
cerned Citizens of Brunswick County Taxpayers
Association and the state.
Concerned Citizens attorney James Maxwell of
Durham and Assistant Attorney General Allen Jer-
nigan of Raleigh both gave notice of appeal immediate
ly following the judge’s ruling last week.
Holden Beach Enterprises was represented by
Southport attorney Robert Serra.
The suit, which was first filed in 1985, involved the
citizens’ contention that Ocean View Boulevard West
through the subdivision was a public right-of-way to
Shallotte Inlet, even though the developer had con
structed a gate and guardhouse at the entrance to
Holden Beach West to restrict public traffic.
After it was filed in 1985, the law.siiit was
withdrawn, and a modified suit was refiled in
“Tliat’s Round One-or Round Two, should I say."
commented Concerned Citizens spokesman Raymond
Cope, after hearing the judge’s ruling last week. "It’s
going to the Court of Appeals, and we’ll just have to wait
and see what happens.
“I think we’ve got a right to be on that end of the
island, and that’s the way it .stands." Cope .said.
Following the trial. Holden Beach Enterprises
President James Griffin Jr. said he was pleased with
Briggs’ ruling because "it’s kind of the way we felt
about it fthe ca.se) all along."
Griffin said Friday that the guardlx>oth at Holden
Beach West would remain manned, as it luid been for
the past 24 years, and that trespassers would be pro
secuted, if necessary.
"Anyone that goes in ‘hostilely.’ we would feel we
have to (prosecute).’’ Griffin said, "but we don’t want
to do that to anybody ... We have to protect our in
terests and the interests of the property owners."
But from the state’s standpoint, the rights of the
public are just as important.
(See ROAD, Page 2-A)
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Twenty-sixth Year. Number 2
SWKKinACON
1987 tM| 6900SWICK BEACON
Shailotte, North Carolina. Thursday. November 19, 1987
25c Per Copy
38 Pages Plus Insert
Round 1 In Tank Debate Ends
With Neither Group Swayed
STAM PMOlO BY RAHN ADAM4
BRUCE BRIGGS visits I^t 1-A at the intersection of Sunset
Boulevard and Main Street in Sunset Beach last Wednesday following the
conclusion of the trial between the Suiusct Beach Taxpayers’ Association and
Beach Enterprises luc., over ownership of the lot.
Judge Is Weighing
Sunsef Beach Decision
BY RAHN ADAMS
"It strikes a pretty even balance,"
said Judge Bruce Briggs la.st week in
describing the yet to be resolved
legal battle between the Sunset
Owa\.ii ivavwiaiiuii csllu
Beach Enterprises Inc., over owner
ship of what is known as "Ix)t 1-A,’’
an oceanfront lot at the Intersection
of Sunset Boulevard and Main Street.
The lawsuit, filed in 1985 by the tax
payers’ association and several of its
members, was heard last week in
Brunswick County Civil Superior
Court in Bolivia. The non-jury trial
began Nov. 9 and ended iNov. 11. after
about 14 days of testimony.
Briggs, of Madison County, last
•• UkkWt „
from both sides to file proposed
judgments in the case within 20 days
for his further consideration.
*TU either sign one or the other, or
write a new one," Briggs told the at
torneys.
The taxpayers’ association was
represented by Durham attorney
James Maxwell, while Beach Enter
prises was represented by Shallotte
attorney Roy Trest.
The suit claims that the public has
the right to use the lot, which was
first platted in 1955 as an extension of
Sunset Boulevard to the Atlantic
Ocean.
Local developer Ed Gore and
Beach Enterprises reclaimed the lot
in 1970, after the Town of Sunset
Beach passed a resolution which
allowed dedication of the right-of-
way lo be withdrawn.
At the close of last week's trial,
Briggs indicated that his decision in
the case could go in either side’s
favor.
I fed like once a right-of-way has
been dedicated and people have
bought property relying on
that.. . then It should stay in force,"
Briggs said in open court. "On the
other hand, I certainly don’t fault Mr.
Gore and his father (M.C.
Gore) ... for being involved in free
enterprise."
At Briggs’ request during last
Wednesday’s lunch recess. Bailiff
Billy Gurganus drove the judge to
Sunset Beach for a firsthand look at
Lot l-.A.
But whatever Briggs’ judgment,
the case undoubtedly will be appeal
ed.
"I think both sides would tell you
candidly, I think the case is going on
appeal no matter what," Maxwell
said last week. "The judge did com
ment on that. He said he sort of hoped
it would (be appealed), because it’s
an important issue that's not been
tried, and we sort of need to know."
'Tm pleased witli the way the case
went from our standpoint," Maxwell
said. "We put on the best evidence we
can lo get that road or that parking
lot or whatever it’s going to
be—we’ve done the best we can do to
get that.
"I can draw a judgment that says
we ought to win. I’m sure Mr. Trest
(See JUDGE, Page 2-A)
BY SUSAN USHER
Round one in the Holden Beach
septic tank permit bout ended Tues
day afternoon with both property
owners and health officials firmly en
trenched in opposing comers of the
ring.
More than 60 property owTiers and
local officials packed into the town
hall to meet with state and local en
vironmental health officers. They
were concerned that 1982 regulations
were being unfairly applied to finger
canal lots built in the 1960s, with
significant impact on the island’s
future development, loss of its cur
rent tax base and loss of personal in
vestments.
For approximately one month, is
suance of septic tank permits in the
canal areas of Holden Beach have
l>cen *on hold" by ihc Brunswick
County HealtJi l^epartment. awaiting
advice from state officials.
That hold was lifted Tuesday.
"Wc got our answer today." said
John Crowder, supervisor of the
county health department's en
vironmental section. "We will be tak
ing appropriate actions from this day
on.”
That doesn’t mean, he added, that
all permit applications for canal lots
will be denied since sites are
evaluated on their own merits.
Many in the audience didn't like
what they heard during the 24-hour
meeting: some said aftenvards they
planned to fight the stepped-up en
forcement.
Space Also Problem
"You’ve got high density city-type
development trjing to use septic
systems," Steve Steinbeck, super
visor of the state's on-site sewage
disposal program, told the group.
"You can’t stretch those lots but so
far. Not only are soils a problem,
you’ve got a space problem as well.
"There’s not enough space (on
most lots) to build a house, park cars
and dispose of sewage even if the
soils were perfect."
One property owner, FayeHevillo
plumbing contractor Landis Chavis,
disagreed with the state’s assess
ment of the situation. He has Uiken
his complaints as far as Attorney
General laic.v Thornburg’s ofiice,
and isn’t through fighting.
He told the group, "You people
should do something: f’m certainly
going to do something as soon as I get
back to my office . . . Wc need some
help at Holden Beach."
He asked the officials to treat him
and other property owners alike—to
either approve his lots or not approve
all the others.
Several property owners indicated
later that help might be available
through the state legislature.
Also, Steinbeck told incoming com
missioner Georgia l^ngley that he
would be willing to document in
writing to the Environmental Protec
tion Agency some of the island’s
specific problem areas, but that he
wouldn’t support efforts for a
■‘regional’’ sewer system, only
smaller innovative or cluster type
proposals.
Chavis sought permits for two
Dirham Street canal lots which
county sanitarians said were un
suitable. He hired a consultant whose
test results were questioned by the
state.
Steinbeck and state soil specialist/
Itoubleshouler Robert Uebler con-
f ined the local site assessmem in a
second check of those lots and ivso
jjlhers Tuesday morning.
U not exactly the same, problems
cncounicrtd with Chavis’ lots are
represent five of those on other
finger canul lots for which the oivTiers
liave been unable to obtain permits.
Fill ‘Unpredictable*
'fhe lots checked Tuesday were
over original or naturally occurring
soils that restrict wastewater flow
and allow it to run into the canals,
Uebler said. Specifically, he said the
fill was over silty-type soils that also
had low permeability clay. Some of
the lots didn’t meet requirements for
one-foot separation from the water
table at mean high tide; some were
wet. with cattails and other types of
wetland vegetation.
In general, he said, fill dirts are un
predictable in how they handlc
wastewater, which is why the
naturally-occuring soil on each
potential septic tank site is con
sidered. "It tends to hold sewage
back or it all tends to go through at
one spot; you don't get uniform flow
or treatment. It typically goe.s
through too quickly for adetjuatc
treatment and pollutes the canals."
Another property owner. High
Point Street resident Bob .Moyers,
said he was denied a permit for the
lot adjacent to his home.
"You say the soil is unsuitabi»‘ aivl
is going inb) the grimivhN ain ‘’-.u.
you go to my lot and do a Vl,.; tliat
shows I am bi* it
1 am polluting i .vaal u* iio som'‘iiiuiE;
about it. Otherwise I don l wa.nt to ...
arbitrarily dc/ifci a pemiil."
One option, not n’conmie/Hied for
individual properti- owners IjcciMisc
of the exfiense. is a dye injection test
that checks the "travel time," or
time it takes wastewater to reach the
canal waters. Uebler said times hav*
been generally four hours to(>0 hours.
But viruses of health concern, such
as hepatitis, live much longer.
(SeeR()UNDI.Page2-A)
Shallotte Firefighters Threaten Walk Out
BY DOUG RUTTER
Shallotte Volunteer Fire Depart
ment members have threatened to
walk out unless the town board
agrees to negotiate with them on re
cent revisions of ordinances and
bylaws affecting the department.
According to Ed Ferster, vice
president of the newly-formed
Shallotte V.F.D. Association,
"Either they talk with us Wednesday
night, or we’ll just leave our gear
there."
Ferster said fire department
members voted unanimously at a
Nov. 9 special meeting to walk out
unless the town shows its willingness
to negotiate at the Nov. 18 regular
meeting. He added that approx
imately 80 percent of the 12 current
members were present at the special
meeting.
"If they don’t (negotiate),*’ ex
plained Ferster, "then what it
amounts to is that they will have to
find some new firefighters."
Aldermen David Cause and Wilton
Harrelson could not comment on
whether or not the town would
renegotiate with the fire department.
Harrelson said, "Personally, I’m
always willing to listen, I don’t have
a closed mind to anything.”
According to Cause, "1 wish they
wouldn’t even consider doing
something like that."
He added that when the board
made the revisions, it did so for the
benefit of the town and the fire
department.
"It's a bad situation," explained
Cause. "I just hope we can get it all
straightened out."
Shallotte Mayor Jerry Jones was
out of town and could not be reached
for comment.
Ferster predicted that if the
members quit, the people within the
fire district will cither be left with no
protection or poor quality protection.
Shallotte Aldermen revised five
separate ordinances and bylaws af
fecting the fire department at their
Nov. 4 meeting.
One amended ordinance, which
was contested at the lime by fire
department member Ricky Danford,
called for the annual appointment of
the fire chief by the town board
following the submission of the
names of three nominees from the
fire department membership.
The town board also adopted an or
dinance authorizing the town clerk to
disburse all funds of the department
and requiring that all expenditures
or purchases of more than $5(X) have
prior approval of the board of
aldermen.
Departmental bylaws were also
amended to require annual elections
of an assistant chief, captain, two
lieutenants. secreiar>’ and treasurer.
Another change in the bylaws pro
hibits probationary* member.*, from
voting in departmental elections of
officers.
Concerning these revisions.
Ferster said, “We're really
dissatisfied with the changes. It’s
just not the way things should be
done.”
He said the fire department was
(See FIREFIGHTERS, Page 2-A)
Deadlines Moved Up Next Week
All deadlines of The Brunswick Beacon will be a day earlier next
week because of the Thanksgiving holiday.
Since there will be no maU delivery Thursday, local mail
subscribers should receive their paper on Wednesday.
In order to publish a day earlier, the deadline for real estate adver
tising is moved to 5 p.m. Thursday. The deadline for all other advertis
ing and news copy is noon Monday.
The Beacon office will be closed Thanksgiving and will reopen Fri
day morning at 8:30.
Two Drug Defendants Plead Guilty; Both Receive Suspended Sentences
BY RAHN ADAMS
A Holden Beach businessman and
a Lillington woman—both indicted by
a special investigative grand jury in
June-entered guilty pleas to reduc
ed charges and received suspended
sentences Monday in Brunswick
County Superior Court.
One other drug defendant who was
indicted by the .same grand jury was
sentenced on Tuesday and received
an active prison term.
According to the Brunswick County
Clerk of Court’s office, James D.
Griffin Jr., 45, of Holden Beach,
pleaded guilty Monday to a charge of
felonious passc.s.sion of between one
gram and 28 grams of cocaine, in a
plea bargaining arrangement.
Judge Henry W. Hight Jr. gave
Griffin a two-year suspended
sentence, with two years of supervis
ed probation.
Griffin also was ordered to pay a
$250 fine and court costs, and to per
form 50 hours of community service
work within the next 150 days.
In June, Griffin was indicted on
two counts of conspiracy to traffic
and two counts of trafficking by
possession, involving more than 28
graias of cocaine.
According lo Special A.ssislanl
DLslrict Attorney Bill Wolak, Griffin
faced a maximum sentence of 60
years in prison on the original indict
ments, The mandatory minimum
sentence would have been 28 years.
Tami Lynn Miller, 28, of Lillington,
former director of a local program
for troubled youths, also pleaded
guilty Monday to felonious posses
sion of between one gram and 28
grams of cocaine, in a plea bargain.
like Griffin, she received a two-
year suspended sentence, with two
years of supervised probation.
Also, she was ordered to pay n $250
fine, court costs and $1,000 attorney
fees, and to perform 50 hours of com
munity service work within 150 days.
Ms. Miller was originally indicted
on three counts each of conspiracy to
traffic in cocaine and trafficking by
possession, with a passible max
imum sentence of 90 years, Wolak
said.
Wolak Tuesday explained why
Griffin and Ms. Miller were allowed
to enter guilty pleas to reduced
charges.
"Both of those people totally
cooperated with the investigators in
identifying other defendants who
have been convicted," Wolak said.
He added that consideration also
was given to the severity of the
original cluirgcs again.st Griffin and
Ms. Miller as compared to more
serious charges against other drug
defendants.
Lloyd Neil Strickland, 36, of Route
1, Winnabow, was sentenced Tuesday
after entering guilty pleas on Nov. 2
to 10 counts of conspiracy to possess
cocaine, involving amounts of more
than 28 grams lo more than 400
grams.
Wolak said Strickland received a
15-year active prison term and a
$100,000 fine.
Sonic 20 drug defendants from in
dictments in June and July have
entered guUly pleas and are awaiting
sentencing in bruiiswick (’ounty
Superior Court.
According to Wolak, at Ica.st 12 of
that number are expected to be
sentenced Nov. 19 and 20.
Wolak said defendant Alvin Bryan
Willis HI, 32, of Shallotte. will be
sentenced Dec. 7 in Whitcville. which
is the 13th District’s next .scheduled
session of Superior (,’ourl.
Willis pleaded guilty Nov. 2 to on.-
count of conspiracy to traffic in more
than 400 grams of cocaine, in a plea
bargaining arrangement.
Six of the 38 dnig defendant:; who
were indicted here in June and July
are awaiting trial.