Thursday, August 7, 2003
Vol. 115 No. 32
NC Court Appeals upholds merger,
KM plans appeal to Supreme Court
By GARY STEWART
Editor of The Herald
Cleveland County school merger
is one step closer to reality follow-
ing a ruling by the NC Court of
However, Kings Mountain
District Schools Supt. Dr. Larry
Allen says Kings Mountain still
intends to take the case as far as it
can, meaning an immediate appeal
to the NC Supreme Court.
Tuesday’s opinion by a three-
judge panel of the NC Court of
Appeals and issued by Judge
Patricia Timmons-Goodson, was
unanimous, meaning the Supreme
Court can refuse to hear the case.
Tuesday's ruling takes effect in
20 days (August 25), and the
School System's attorneys, Richard
Schwartz and Brian Shaw of
Raleigh, have 15 days to appeal it.
Dr. Allen said it is his under-
standing that the Supreme Court
could “take months” to decide the
case or even whether it would hear
it. Once all court proceedings are
exhausted, the merger still must be
_precleared by the U.S. Justice
The basis of Kings Mountain's
lawsuit against the Cleveland
County Commissioners merger
plan, which was approved by the
State Board of Education in June
2000, is that it failed to include
approximately 183 students who
reside in the Gaston County por-
tion of the’ City of Kings Mountain.
KMDS argued that in its 1905
school charter the school lines
moved with the city limits. KMDS
argued that the merger plan was
unlawful because the district lies
in two counties and the Gaston
County Commissioners did not
approve the plan.
However, Judge Timmons-
Goodson wrote in her opinion, that
the Appeals Court agrees with the
State School Board and with lower
court rulings that, that is not the
“We conclude that the Kings
Mountain School District is located
wholly within Cleveland County,
and we affirm the order and-judg-
ment of the trial court.” The writ-
ten opinion went on to say that
there were no local annexation
laws in 1905, thus expansion of the
school boundaries could only
change through legislative action.
“As the town of Kings Mountain
had no authority to expand its
own boundaries until forty-two
years after the 1905 Act was enact-
ed, the General Assembly could
not have intended...to grant the
town authority to unilaterally
expand the school district,” the
Dr. Allen said Tuesday the Kings
Mountain School Board members
had not officially discussed
whether or not to appeal the deci-
sion. However, he added, it has
been the intent of the Board all
along to fight merger until the end
and unless he is instructed other-
wise, the Board's attorneys will
prepare an appeal to the Supreme
NATIONAL NIGHT OUT
up 150 students
S more join |
KM race as
filing ends |
BY ANDIE L. BRYMER ¥
Staff Writer i
Five more Kings Mountain individuals reg-
istered to run for office in the
last few days before the fill-
ing period ended on Friday.
Lamar Fletcher, 56, is mak-
ing a bid for the Ward 1 seat.
Fletcher would like to see
improvement in city
“It’s time for some
changes. We need to cut the
fat out of the budget,” he
Fletcher criticized the
city’s contract with the
YMCA saying members were
too high for average families.
If elected, he would like to
see more stores in the down-
town area and more industry
Fletcher said he supports a
two year term for council
_ Fletcher promises a listen- FLETCHER
ing ear if he sits on the coun- |
“I'll sit down and listen to
all complaints,” he said.
Fletcher is a Kings
Mountain native. He is a
technician at Pharr Yarns in
McAdenville and worked as
a supervisor for 15 years at
BY ANDIE L. BRYMER
Teachers have spent the
last two weeks decorating
their classrooms, rearrang-
‘ing desks, preparing les-
sons, sorting books and
attending meetings and
workshops all in prepara-
tion for the return of stu-
dents on Monday.
In Cynthia Cook’s Kings
Mountain Middle School
seventh grade language arts
classroom, Write It Right
posters have gone up on the
“We'll concentrate on
writing from day one,”
While last year’s writing
test emphasized clarifying
point of view, this year the
focus is on making argu-
ments and evaluation.
The veteran teacher also
spent time this week work-
ing with a new teacher as
part of the mentor program.
In addition to readying
her room and preparing les-
sons, there are also meet-
ings and training sessions.
ANDIE BRYMER / HERALD
Jada Putnam, left, Chelsie Putnam and Summer Putnam pet Capone. His handler is Sheriff's Deputy .
Event brings community together
to find out ways to fight crime
BY ANDIE L. BRYMER
Hamrick said. “This lets us know
you want to be involved in your
During the opening ceremony,
the Kings Mountain Police
Department honor guard present-
ed the colors.
As the event got underway,
Highway Patrol troopers and
Kings Mountain fire fighters.
Proctor told the crowd gath- --
ered at the gazebo at Patriots
Park that his department,
Sheriff's officers and the highway
patrol had formed a partnership
to fight drugs and crime.
Police, fire fighters and local
residents mingled Tuesday night
during Kings Mountain's first
National Night Out.
Police Chief Melvin Proctor
Sank and er collengues said the event is an opportunity “To finish the job, its going to local residents met officers. _ Fletcher is running against.
Wednesday at the Kings to “bring the community together take you,” he said. Members of the Sheriff's incumbent Howard Shipp.
Mountain, District Schools to fight crime.” Sheriff Raymond Hamrickand Emergency Response Team, or Raeford White, 74, and LEONARD
abr strobive chfice aad Many Kings Mountain police Sgt. Dave Allen of the highway SERT, were on hand to show the ~~ Preston Leonard, 39, have
2 officers participated in the event patrol also addressed the crowds. weapons they use. According to. filed for the Ward 2 seat.
heard motivational speaker
See School, 3A
White believes that local
residents have not been kept
informed of some city busi-’
ness. He said that recent
building projects went over
budget but this was not
revealed until after construc-
tion was complete.
“The City of Kings
Mountain belongs to the resi-
dents,” he said.
White favors economic
diversification, using incen- ,
tives to recruit several small [&
industries instead of trying tof
lure one large industry. |
White would not comment | #=
on whether city council
members should serve two
or four year terms.
White chairs the Moss
Lake Authority and is on the
city’s playground and beauti-
He has lived in Kings
Mountain for 50 years and retired as plant
manager at J.E. Herndon. He is a member at
Kings Mountain Baptist Church were he has
ANDIE BRYMER / HERALD held many leadership positions. He is a 40
Kings Mountain Middle School teachers Cynthia Cook and Beverly See Grover, 3A See Filing, 3A Re
Moffitt prepare for the opening of school. : BS
along with Cleveland County
Sheriff’s officers, North Carolina
Sgt. Durwin Briscoe, the shotguns
See Night, 3A
“It's important we celebrate
National Night Out with you,”
5 seek council seats,
2 for mayor in Grover
BY ANDIE L. BRYMER
Three political newcomers and two incumbents are making
bids for two open seats on the Grover Town Council while two
political newcomers have filed to run for mayor.
Council candidate Barry Toney believes Grover must decide if
it will be annexed by Kings Mountain or Shelby or if it will grow.
Revenues are required for that growth, he said.
“The textiles are out of business. We need to look for ways to
support our city without putting the burden on the small
amount of citizens,” he said.
Toney has worked as a machinist at Parker Hydraulics for 16
years. He teaches adult Sunday school at Bethany Baptist. He
and his wife have been active with church youth groups.
Kenneth Bell has filed to run for council.
“I feel like we need a change,” he said.
Bell retired from Southern Bell and is a member at Clearview
106 S. Lafayette St.
529 New Hope Road
FIRST NATIONAL BANK Rings Mooi
Celeb = 129 % . Mountain St.
1225 Gastonia Hwy.