THE PERQUIMANS WEEKLY } Volume 36, No. 45 USPS 426-080 Hertford, Perquimans County, N.C., Thursday, November 20, 1900 20 CENTS Appraiser acted properly , attorney general says The Perquimans County tax super visor did nothing illegal in entering an 1 addition to a Hertford resident's home after securing the permission of car penters on the premises, according to an opinion issued by the N.C. Attorney - General's office. Special deputy general Myron C. Banks wrote that the appraisor may, however, wish to secure the permission of the property owner in similar situations to avoid future disputes. >, If permission is denied, be wrote, the burden of proving whether or not an appraisal is accurate falls on the property owner. The appraisor does not have the right to enter property if per mission is denied by the property owner or occupant, according to Banks' opinion. The county board of commissioners had sought a ruling from the attorney general's office following a complaint from Hertford resident Cart Skinner, that tax supervisor Keith Haskett visited an addition to his home without per mission to make an appraisal for tax purposes. County attorney John Matthews reminded the board that the letter was an opinion, rather than a court ruling. "It's not a court," said Matthews. "The attorney general's office is just a bunch of lawyers' up there (in Raleigh) who are asked to answer questions. " Matthews said the board needed to decide what kind of procedure it wants the tax supervisor to follow in appraising property, and that the decision would affect the quality of appraisals and the public's perception of county govern ment. In a previous opinion, Matthews had said that the tax supervisor has a duty to visit property in onler to provide a fair and accurate appraisal. Commissioner Lester Simpson said. "What I'd like to know is if we've got a problem or if we've got complaints because somebody 's doing his job." He said that if a property owner refuses to let Haskett visit his property it should be appraised at the maximum amount possible. In another matter, the N.C. Depart ment of Natural Resources and Com munity Development informed the county that some monies are available for the monitoring of area rivers. The board elected to invite earth sciences professor Maurice Powers of Elizabeth City State University to attend its next meeting and help draw up a plan of study. TV board also approved a 700 square foot addition to the Farm-Home Ad ministration office in the county office building on Edenton Road Street. FmHA supervisor Melvin Howell said the addition is needed because of over crowding. and will create room for an additional staff person He said that the state will increase the amount of rent it pays to the county for the office following the improvement. Howell approximated the cost of the addition at $15,000. and said it will add 700 square feet of office spare to the current 400 square foot FmHA work area. In other action, the board : ?heard another complaint of a regular occurrence of red water entering the home of a county water customer, and promised to work to correct the situation; ?reappointed Dr. Allan Bonner, Lester Simpson, and Pat Harrell to the Albemarle District Health Board; ?approved a $50 Christmas donation to the Caswell Center in Kinston for men tally retarded county residents who are housed there, and; ?again discussed the need to begin making plans for a county-wide vote on whether or not to fund a recreation program with tax dollars Court decision may affect area developments by JACK GROVE In District Court Wednesday, the Holiday Island Property Owners Association (HIPOA) sought to establish a binding legal basis for its assessments of property owners of the subdivision. Judge John T. Chaffin heard arguments in the non-jury trial of HIPOA vs. Matthew J. and Hazel C. Kahl. This first "test" case sought $218 allegedly owed to HIPOA by the Kahls for non payment of a maintenance assessment and dues for 1979. Holiday Island assesses property owners of residential lots at $106 per lot per year with a $2 penalty for late payment. At the end of the four hour hearing, Judge Chaffin ruled in favor of the defendants on a defense motion for a directed verdict of dismissal. Witnesses called by HIPOA 's attorneys Herb Mullen and John Halstead of Elizabeth City, included the General Manager of Holiday Island, William J. Jeffress, Mrs. Hazel Kahl, Theodore G. Weeks, Jr., immediate past member of the HIPOA Board of Governors and past HIPOA Treasurer and John Carson, a current member of the board. Testimony centered around the relationship of the Khals, as property owners of the subdivision to the Property Owners Association ? as to membership in the association and financial relationship. The restrictive covenants and by-laws of HIPOA were entered into evidence and used by both sides in arguing their cases. While both agreed that the restrictive covenants formed a legal basis for paying a maintenance assessment of $36 per year, the wording of the by-laws concerning assessments and dues became the bone of contention. j The Kahls' attorney, John V. Mat thews, successfully argued that the by laws were unclear in providing any legal basis for assessments and dues to property owners in excess of the $36 assessment. Also called into question was the issue of membership in the association. Matthews pointed out that the by-laws called for applications for membership and screening of the applications by a membership committee. He contended that since the Kahls had not formally applied for membership, they were not, in fact, members of the association and therefore not liable for any additional assessments or dues. The loss of this case could have a devastating financial impact on the subdivision. Assessments were originally raised from the $36 by the association to $70 in 1976. They were again raised to $106 in 1978 which is the present charge. Camping lot owners pay a higher fee to include a yearly payment for electricity, water and sewage services. Their assessments were raised at the same times and ratios as residential lot owners. Holiday Island has some 1,100 property owners, and an annual operating budget of $206,000 according to Jeffress. In creased assessments above the $36 original figure amount to $278 per lot since 1976 or about $500,000 (half a million dollars). Asked about the possible impact on Holiday Island if property owners filed suit to recover the $278 overpayment, HIPOA Treasurer Forest Myers said simply, "It would bankrupt us if everyone demanded his money back." Holiday Island has filed a notice of appeal to the State Court of Appeals in Raleigh. Snug Harbor followed Holiday Island on Thursday in court with a similar case and result. That subdivision sought compensation from two of its property owners for un paid assessments. But before plaintiff's attorney, William J. Bentley,- could argue the case, it was dismissed by Judge Chaffin on a defense motion. The motion, made by Gerald F. White (law partner of Herb Mullen) claimed failure to state a claim for relief. Bentley said the Snug Harbor case had also been appealed to the State Court of Appeals. He said that the difference in his case was that, after review, the state court could remand the case back to District Court for trial while the Holiday Island case would be argued in Raleigh on its merits. Mullen and Bentley said they expected that it would be between six months and a year before the state court ruled on their cases. Seven charged in drug bust J ? An undercover investigation that began in Jane resulted in the arrests of seven area residents on drug-related charges last week. The investigation was conducted jointly by the Hertford Police Depart ment and the State Bureau of In vestigation. The police department, , along with the Perquimans County ) Sheriff's Department, began making arrfMs last week. SBI special agent A.C. Cummings did to purchase marijuana, according to Castro Ferebta, M. of S25 and with sale 11, of It J, Hertford, charged with sale and delivery of marijuana; ?Mickey Johnson, M, of 211 South Eden too Road St, Hertford, charged with conspiracy to sell and deliver and with aiding and abetting the tale and delivery of marijuana; ?Derryl Zachary Madrey, It, of RL 3, Box <29, Hertford, charged withd two counts of sale and delivery of marijuana; ?Reginald GeodeUa Jooes, 2ft, of Rl 1, Box 74, Hertford, charged with sale and delivery of marijuana; ?Stephen Wood Flaky, 21, of Shfloh, N.C., charged with conspiracy to sell marijuana, and; ?William Edward Hollomao, 51, of 101 West Peterson St., Identon, charged with one count of false pretense. Finley was arrtatod by the Elisabeth boomtiBotdmHfi) To beat the bands Members of the Perquimans County Marching Band section blow out a tune (or the judges in the Oyster Bowl Parade in Norfolk on Saturday morning. It was the band's first appearance in their new uniforms, which arrived on Friday. See pax? I for more photos. Youth killed in crash A Perquimans County man was killed in a single car accident that occurred near Bethel early Sunday morning. Mark Steven Cummings, 22, of Snug Harbor, was killed when his 1975 Datsun left Pender Road, struck a ditch em bankment, and traveled down the ditch line some 200 feet, according to N.C. Highway Patrol trooper J. A. Siles. Cummings was thrown from the car, and appeared to have died instantly of head injuries, said Siles. "From what I could see the young man looked like he went to sleep," he said. The car was approaching a curve but went straight off the road at a speed estimated at 50 to 55 miles per hour. The accident was discovered at ap proximately 4 a.m. Cummings attended Perquimans High School for four years and was president of his graduating class in 1976. He graduated from College of the Albemarle in 1978, then UNC-Chapel Hill in 1980. He was a son of Letcher Monroe Cummings Sr. and Mrs. Florence Mc Clanna Cummings of Snug Harbor. Other survivors include three sisters, Mrs. Sandra Falls of Naples, Italy, Mrs. Margie Trombley of Chesapeake, and Mrs. Dale Watson of Norfolk, and a brother, R. Gerald Cummings of Charlottesville The funeral was conducted on Tuesday afternoon in Holloman-Brown Funeral Home, Tidewater Drive Chapel, Norfolk, by the Rev. David L. Wade. Burial was in Rosewood Memorial Park, Virginia Beach. Marines share memories, meal in 205th birthday celebration - - - ? . - - ? - ? ? ? - -i -i- -* ?? ? *W M.J It was like a reunion. One common experience had brought these men together, almost as though they were family. And in a sense they were. All 23 of them had at one time or another served in the United States Marine Corps, and Thursday night at Angler's Cove in Bethel, they celebrated the corps 205th birthday. Together, they represented 321 years of service to their country. Between them all had seen almost every corner of the globe. Put 23 Marines together in the s? .te room and some things will be a virtual certainty. You're bound to hear some reminiscing, some ribbing, and an off color joke or two. "Let's have a show of hands. How many of you went to boot camp at Paris Island and how many of you went to San Dhfo?," asked one Marine. Only two men said they had been through San Diego. "What you really want to know is how many of us west through boot camp and bow many of us went to Dago," i M|nniilsd another. Donald Parks wu the youngest former Marine in the group, finiifcing up his four year hitch in 1971. "Heel, his rimes art still shineo," said a fellow sitting across the table. But then, so were Earnest Sutton's. Sutton had on a military outfit from his gleaming black shoes to his army green sweater, and he retired from full time service in IKS. The Durants Neck resident pulled out his wallet and displayed an old photograph of an extremely young man. "That's me sitting on the Great WaU in 1934," he said. Sutton was referred to by the other men as a "China Marine." because be spent much of his career in China. He entered the Marine Corps in 1IU. right after the Great Depression. "It was more of an economic thing. My daddy couldn't buy me no new car." Sutton said. What made the Marines so special? "The main thing was we (Mat back off or nothing. That's something that's unheard of now," be said. "When I went in there were lT.W Marines in the world and the sun never set onus," Sutton said. Murray Smith served from tSOto W*. and now resides between WoodviUe and New Hope. Grey beaded, and a tttie bard of hearing. Smith bad same win servanons on uie cspm ae corps 01 ine Marines. "If you believe what they try to put into you. you'll think you're super In time JUU II III1U UUl V UU I I IIUl. ddiu OIWIUI "Discipline, blind discipline," was the ( Continued on page 2) WMBPBVI A sweet tradition ft birthday eake to jroaagest corpiman DoaaM Parka. $ % 'MM