Judge Wall Dismisses Parker Suit
Against Schools After Trial Starts
IIY SUSAN USIIKK
A Brunswick County District Court Judge last week
dismissed a lawsuit Hied more than two years ago by a
schix>l system administrator against the Brunswick
County board of Education and then superintendent
In the suit Jean Parker of Caswell Beach contended
she hail been, in effect, demoted, after a series of invol
untary job transfers, as well as harassed in a deliberate
effort to encourage her to quit.
Judge David G. Wall granted an involuntary dis
missal of the jury trial case Wednesday alter the close
of evidence presented for the plaintiff.
Defense attorney R. Glen Peterson asked the court
for a directed verdict dismissing the claim "for insulfi
cicnt evidence". Wall is expected to sign the order pre
pared by Peterson later this week.
Wall also assessed costs of the action to Mrs.
"l"he involuntary dismissal, with prejudice as to both
defendants, means Mrs. Parker cannot sue either
Kaulhold or the school board again on the same cause
Peterson had no commcnt regarding the inal or its
Mrs. Parker, presently employed as Chapter I su
pervisor in the central oi l ice, commented brielly
Tuesday. She withheld further remarks gliding discus
sion with her attorney, David P. Ford.
"I would simply like to say at this point that I was
very surprised and disappointed that we were not grant
ed the jury trial to which I was entitled because 1 felt
that was what we were there for," Mrs. Parker said
Tuesday. "There's much I'd like to say and will say in
Mrs. Parker filed her complaint in August 19X9,
asking the court to order the school system to offer her
employment in a position not involving reduction in
rank or total compensation and awarding damages for
denial of her rights, any loss of compensation and rea
sonable attorney fees.
She contended that the latest in a scries of job trans
fers resulted in a reduction in rank from prior positions
at a tune when principal/supervisory positions were
BCC PHOTO B* ANNE MAHi? BELLAMY
HCC CAMPUS FUND DRIVE co-chairpersons John Kirhy ami
Marie Potter pose with a skeleton purchased for the biology de
partment with donations made during last year's campus drive.
BCC Employees Raising Funds
urunswick Community College
employees are trying to "Raise the
Spirit" and raise funds for the BCC
Foundation through their annual
week-long cainpus fund drive
which ends Nov. I .
Marie Potter, continuing educa
tion records coordinator, and John
Kirhy, systems administrator, are
co-chairpersons for the drive which
involves full- and part-time faculty,
staff and students.
A special activity has been
planned each day, most with a
fundraising twist. These events in
clude a pumpkin decorating contest,
a "lock up" to jail instructors or stu
dents, a student Halloween costume
contest, an auction and a "blue
Building team captains include
Anita White, Roy Homaday, Verlie
Duncan, Sharon Dodge, Lynn
Ruark, Dale Easterling, Carl White,
Sherwood Peacock, Connie Milli
ken, Paula Almond and Jane Page.
Other drive committee members
include Ann Harrison, Anne Marie
Bellamy, Barbara Reaves, Belinda
Formyduval, Ben White, Beth
McLean, Betty Singletary, Gerry
Shaver, Jill Herndon, Jan Floyd,
Gayc Fulford, Leberta Burney,
\'Co!orfui beac nes
?Acc Sc ash
Mam St ? Shallotte ? 754-8300
Winkic Mini/, Reiia Coekrell. Lyi.n
Morgan, Billy Lcc, Charlie
Thompson, Vickic Hardee, Perry
Hall. Johnnie Simpson ami Velva
available in the system; that she hail been transrerred
Irom job to job without her consent; thai slie had been
advised she would be denied wage increases given oth
er employees and that she would be a 10-month rather
than a 12-month employee, as a result experiencing a
reduction in total compensation.
She also contended that, through his actions or lack
of action. Kaufhold denied her equal protection under
the law and due process of law.
Mrs. Parker also argued that Kaufhold engaged in
"a deliberate and intentional course ol conduct designed
to degrade, insult and harass" her for the purpose of
causing mental distress in an attempt "to harass her into
quitting her job."
In February, in a partial summary judgment. Wall
ruled that Parker had career status as a teacher in both die
Davidson and Brunswick county schix>l systems, but said
there were factual issues to be resolved before a decision
could be made 011 whether she had career status as a prin
cipal within either system.
Mrs. Parker was hired in 19X4 by the Brunswick
County ScIhh)Is as principal of Waccamaw Elementary
School and was rc -employed the following year. No ac
tion was uiken regarding her employment lor the 19X6
87 school year uniil July 14. 19X6. At that lime she w'as
advised she would be employed in the central office as
an administrative liaison. She continued to work out of
the central office in various positions director of inter
nal services and interim community schools coordina
tor, with "supervisory" type responsibilities until the
19X9-90 school year.
Mrs. Parker was then transferred to Leland Middle
School as a guidance counselor.
Citing state statutes regarding tenure for teachers as
well as principals/supervisors. Mrs. Parker contended:
1 )Thai she had attained career status as a principal
in Davidson County and had it when hired in
2)That she acquired career status in Brunswick
County when the school board failed to take any action
regarding her contract before June 1 of the last year
(1986) of what she said was a two-year probationary
period, and continued to pay her as a principal after that
I Calabash Gets Second Petition
On Zoning Change
BY D()U(; RUTTKR
Calabash officials have received
a second petition seeking a zoning
change that would allow mobile
homes in the northern part of
Richard Burnell last week handed
town commissioners a petition con
taining 86 signatures, which basi
cally supports a petition submitted
by another group of residents last
Both petitions ask the town board
to re/one the northern section of
Calabash Acrcs to allow manufac
tured homes. But the groups differ
on exactly where the dividing line
should be drawn.
A.C. Blackburn gave the town
board a petition Sept. 24 seeking a
zoning changc between
Thomasboro Road and Mcares
Street. It was signed by 54 people
who own homes in the affected
The latest petition, signed by res
idents of the southern part of
Calabash Acres, supports a zoning
change between Thomasboro Road
and N.C. 179.
The subdivision east of town is
split by N.C. 179. Lots on the north
side of the highway have trailers on
them, while the southern part of
Calabash Acres is mostly "stick
Earlier this year, town commis
sioners zoned the subdivision R-6,
which prohibits mobile homes.
Deed restrictions also prohibit
mobile homes in the subdivision,
but the land developer sold loLs in
the northern section for mobile
The present zoning restrictions
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Thursday. November 7 - 1:00-9:00 '
Friday. November 8 - 10:00-9:00
Saturday. November 9 - 10:00-9:00
Sunday. November 10 - 1 :00-6:00
Myrtle Beach Convention Center
Crawl Ivifc in iiiiu'...u> h'tli iVtiturv
I .oruloii... Stroll ilium a\viiiu\- latlrm'il mtli ii!iu|iitfiii'iit
Vim1 liuiutrotts of ,\ni>t.'i. ..i'ra|t.-iiu,M ami V Ymlors i>| fmr
all Iviiivfci'il iii fvriod atiiri' . iiflcriiu) jmvlrv. .UTi'iitlis. .
<mofcat turfcro. uinvd liml liaiulirniili' ifift.v .imtu|iu*.v..
IiUi'S jvtfvurri . . .tliililn-n's tov> . and much much more
See the festival of Trees...
I'lli'iiin) ii muliiliiiU' ol Wi'i|antlv dt'corati'd luv.v
Visit t/ie festival of W'orbCi...
(?.vjvritiu,- (ori'iiju iu.<tom> and panafci' of thru m?in\*
See the CJiiKjerhretiii Mouse festival..
It'ilt liil 'It) >m|ilr >|*ii ii works o| luutiisv In' (lit*
iiiiiml Strand i li,*f> rooks V-.-oi nttton
win ilnivi lomu'ition intli tlu' \orth I'oli
1 \ ?
l Milv ati ('lu'luiiitiiuf sliiHi* it'itli somrtlii >u| for
Admission S5.00 Adults ? S2.00 Children
Multiple Day Pass S8.00 (Prices include Tax)
"It was clone wrong. What we re
trying to do is right a wrong. "
? Richard Bumcll
On Calabash Acrcs zoning
prohibit landowners from replacing
mobile homes thai are damaged by
a fire or storm. Il also prevents them
from putting a newer mobile home
on their property.
"It's destroying our neighbor
hood." Blackburn told commission
ers at their Sept. 24 meeting.
Burnell handed his petition to the
town board Oct. 22. He said he sup
ports a zoning change on the north
of N.C. 179 to allow manufactured
homes, but wants the southern part
to slay R-6.
Bumell said the area should have
been zoned for mobile homes all
along. "It was done wrong. What
we're trying to do is right a wrong."
However, Calabash Acres resi
dent Billie Mitchell said not every
one in the neighborhood supix)rts
the proposed change in zoning.
Mrs. Mitchell, who represents the
extraterritorial area on the town's
planning board, said there are legal
aspects to be considered.
If landowners on the north side of
the highway are permitted to have
mobile homes, she said people on
the south side might want them loo.
Town Attorney Mike Ramos said
he thinks ihe town board can ap
prove two different zoning classes
for the subdivision, using N.C. 179
as the dividing line.
Even though the present R-6 zon
ing matches up with the deed re
strictions in Calabash Acres, Ramos
said the town has the authority to
zone the area for mobile homes.
If the town changes the zoning to
allow mobile homes, landowners in
the subdivision would still have the
right to enforce the deed restrictions
anil try to keep mobile homes out.
Before the area can be rezoned,
die town planning board would
have to review the request, and
commissioners would have to hold
a public hearing.
Town commissioners are still
looking to fill three vacant seats on
die planning board.
Acting Mayor George Anderson
said last week the appointments
would be made "as soon as we can
find somctxxly willing to sit on it.
Thai's not an easy thing."
Meeting Time Changed
Calabash officials will gather 90
minutes early for their next regular
meeting Nov. 12, getting down to
business at 5:30 p.m. instead of 7
The board of adjustment meets at
5:30 p.m. to consider a variance that
would allow Cedar Tree subdivision
to follow its original development
plans, which don't jibe with the
town setback rules.
Developer Mason Anderson said
the community was mapped out and
planned before it became part of
Calabash's extraterritorial area and
was subjected to town zoning regu
A public hearing on several pro
posed changes U) the zoning ordi
nance will be held at 6 p.m.. fol
lowed by the regular meeting at 7
Commissioners are cxpcctcd to
meet with representatives of three
planning firms Nov. 12 and choose
one to serve as consultant on the
town's shoreline access plan.
In other business last week, com
? Voted to cancel two regular meet
ings in November and December,
because of the holidays. The town
board will not meet Nov. 26 or Dec.
? Agreed to release S249.75 to the
Cape Fear Council of Governments.
The money would have gone into
the state's general fund if the town
board hadn't release the funds.
? Mel in executive session for about
50 minutes to discuss legal matters
with the town attorney. Building
Inspector Ed Schaack met with the
board for part of the session. No ac
tion was taken.