ROANOKE TIMES

                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: THURSDAY, May 11, 1995                   TAG: 9505110093
SECTION: VIRGINIA                    PAGE: C-1   EDITION: NEW RIVER VALLEY 
SOURCE: PAUL DELLINGER STAFF WRITER
DATELINE: WYTHEVILLE                                LENGTH: Medium


WYTHE SUPERVISORS WITHDRAW LAWSUIT

A judge on Wednesday granted a motion by the Wythe County Board of Supervisors to withdraw its lawsuit against more than 170 petitioners who tried to get one of its members removed.

"I am pleased to grant it, and I think it is wise," Circuit Judge Willis Woods said.

But he denied a second motion from Supervisor Charles Dix to seal the transcript of the March 24 hearing in which the petitioners claimed that Dix misused his position as Black Lick District supervisor.

"This matter has substantial public interest. It has been highly publicized," Woods said. "However, there is no compelling reason to close this. ... I don't think it would be in the public's best interests. For that matter, I don't think it would be in Mr. Dix's best interests."

He noted that, at the hearing, Dix was cleared of charges that he misused his position.

Dix did not attend Wednesday's hearing, nor did any other county officials except County Attorney Frank Slavin, who represented Dix. About 30 residents opposed to the location of a private prison in Wythe County - the controversy that led to the petition against Dix - did attend.

Corrections Corporation of America, based in Nashville, Tenn., announced plans late last year to build a 1,500-bed private prison on farmland just east of Wytheville. The announcement led to the formation of Citizens Against the Prison.

Prison opponents in Dix's and Supervisor Olin Armentrout's districts began seeking the removal of the two supervisors after they returned from a fact-finding assignment on CCA and reported that its presence had been beneficial in a Texas community they visited.

The Board of Supervisors subsequently voted 4-3 to welcome the prison to Wythe County.

Although petitions also were circulated in Armentrout's district, they haven't been filed with the Circuit Court.

The major charges against Dix were that he and Armentrout had been told by board Chairman Mark Munsey to visit a different CCA prison community in Tennessee - which proved incorrect - and that they violated state law by allowing CCA to pay their air fare to Cleveland, Texas.

A majority of the board voted March 28 to file suit against the petitioners to recover $3,200 in legal costs not covered by insurance. After an executive session at its meeting Tuesday, the board voted unanimously to withdraw the suit.

Slavin told Woods that the supervisors are offering an olive branch to the petitioners.

A news release from the board announced the vote to withdraw the suit and said it was done "in order for the healing process to begin and to end the rift between citizens of the county and between citizens and government."



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