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