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After S
BY RAHN ADAMS
Six months after hearing testimony
in the lawsuit, Judge Bruce Briggs
indicated last week that his ruling on
who owns an oceanfront lot at Sunset
Beach is forthcoming.
"I would hope real soon," Briggs
said Friday, as to when he plans to
rule on the suit between thp Sunset
Beach Taxpayers' Association and
the firm Sunset Reneh nnH T.i'i >,
I-ikes Inc.
Briggs, who presided over Superior
Court in Wilkes County last week,
was contacted Friday afternoon at
his home in Madison County. This
week he is in court in Rutherford
County.
Ownership of "l.ot 1-A" at the intersection
of Sunset Boulevard and
Main Street is the issue to be decided
in the case which was heard last
November in Brunswick County
Superior Court. The suit was filed in
1985 by the taxpayers' association,
claiming 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.
-rl ?
mree injured
When
Car Wrecks
A driver and two passengers were
injured Saturday, May 14, in an accident
that occurred 8.5 miles west of
Shallotte on N.C. 130, according to
N.C. Highway Patrol spokesman
Ruby Oakley.
At 5:45 a.m. Saturday, Erica
Lyr.ell Hill, 16, of Shallotte, was westbound
on N.C. 130, driving a 1983
Buick. The car ran off the road onto
the left shoulder, crossed back to the
right shoulder, struck a ditchbank
and overturned, said Mrs. Oakley,
referring to the accident report filed
by Trooper T.W. Caulder.
Caulder charged Hill with reckless
driving.
Hill and her two passengers,
Robert Thompson, 20, and Sheila
Butler, 18, both of Ash, received
uiass is or moderate injuries and
were transported to The Brunswick
Hospital in Supply.
Damage to Hill's vehicle was
estimated at $3,000.
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LARGE SEL
PICTURES
50%
WAT 'j^^lTTTT
EVERY
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ix-AAontn Dei<
At the close of the 114-day trial,
Briggs made no niling, but instead
gave attorneys for both sides 2D days
to prepare judgments for his further
consideration. The judge called the
case "a pretty even balance" between
the taxpayers' association's
claim that Lot 1-A was a public rightof-way
and the company's claim that
it was private property.
According to the taxpayers'
association's attorney, James Maxweii
of Durham, Briggs' decision has
not been made yet due to problems
involving the trial transcript. Max
vrv.ii va|jiciiiu:u lasi i nursaay inai me
court reporter, who had a baby after
the trial, was unable to provide attorneys
with a complete transcript
until a couple of months ago.
Maxwell said he completed his proposed
judgment and mailed it to
Briggs in early April. Shallotte attorney
Roy Trest, who represents
Sunset Beach and Twin Lakes, said
last Thursday that his proposed judgment
was sent to the judge last fall
within the original 20-day time limit.
Briggs last week confirmed that
his decision was delayed due to the
transcript, ffowever, Briggs stated
that he himself did not need the
transcript to rule on the case. "I'm
working on it," Briggs said of his
judgment.
But whatever the judge's ruling,
the case undoubtedly will be heard by
Dr. Tim
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IN I EKNIST - A
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a higher court, according to both attorneys.
'"Regardless oi which way the decision
goes, I feel sure it'll be appealed
by the other side," Trest said. "It is a
unique ease, ana ii nas some novel
points of law. Either side would want
the N.C. Court of Appeals or the state
Supreme Court to look at it, because
there is some new ground being
broken here."
Calling the case "potentially
significant," Maxwell also said he
would file an appeal if the decision
goes against his clients.
According to Briggs' closing instructions
to the attorneys during the
trial, the judge's ruling will hinge on
the following issues:
'Whether or not there was actually
an implied dedication of an easement
for a public right-of-way across Lot
1-A to the ocean by the island's
developer.
Whether or not the 15-year period
for withdrawal of a dedication should
have begun with the original 1955 plat
of the property or with a subsequent
1958 plat, off which other lots were
sold to plaintiffs. (The lot initially
was reclaimed in 1970 by developer
Ed Gore and his firm, Beach Enterprises.
Sunset Beach and Twin
Lakes?also headed by
Gore?withdrew dedication of the lot
again last November, immediately
following the trial.)
i Gibbie
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iC 28462
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Sunset Beach
Whether or not there has been actual
use of Ix>t 1-A by the public, and
what that use has been.
The location of lx)t 1-A in relation
Caroline
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to another adjacent lot (28-A), which
Gore claimed that the public was actually
using to reach the ocean.
And whether or not the company
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i
:0N, Thursday, May 19. 1988?Page 3-A
ed Soon
can claim Ix>t 1-A through "adverse
possession," in that the company used
and maintained the property over
a seven-year period.
sociates
the
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we hope you
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