THE VIRGINIAN-PILOT
Copyright (c) 1994, Landmark Communications, Inc.
DATE: Wednesday, November 16, 1994 TAG: 9411160430
SECTION: LOCAL PAGE: B1 EDITION: NORTH CAROLINA
SOURCE: BY BETTY MITCHELL GRAY, STAFF WRITER
DATELINE: OCRACOKE LENGTH: Medium: 54 lines
After a four-year legal battle, an Ocracoke pier extension, which juts 350 feet into Pamlico Sound, is being dismantled this week.
One island resident and the lawyer for the group opposing the pier said its removal sends a strong message not only about the will of Ocracoke residents to protect their island, but also to other local groups who are concerned about coastal development in their communities.
``It's been a long struggle,'' said Ann Eringhaus, one of the Ocracoke residents who filed a lawsuit against builders of the pier extension. ``This case sends the message that the public trust waters at Ocracoke are highly valued, and that we will not stand by as they are spoiled by development activities which violate our coastal protection laws.''
The pier extension is being removed following an August ruling by a Wake County Superior Court judge, who ordered that the pier extension at Ocracoke Horizons Condominium be removed within 35 days.
The court order was appealed by the developer, Paley-Midgett Partnership in Hatteras. But after talks with the citizens' group, Paley-Midgett agreed to remove the pier.
Partners with Paley-Midgett could not be reached for comment.
The legal dispute began in 1990, after Paley-Midgett added the 350-foot extension to the 150-foot pier. Six Ocracoke residents filed a lawsuit seeking removal of the pier after the state Coastal Resources Commission denied their request for a hearing to contest a permit issued for the pier by the Division of Coastal Management.
The residents argued that the pier would extend into public-trust waters, would disrupt submerged vegetation and marine life, and rob local fishermen of valuable shellfish grounds. They also said the pier extension would interfere with navigation.
In 1991, Superior Court Judge Jack A. Thompson ruled that the Coastal Resources Commission acted improperly when it denied the residents a hearing. Thompson also revoked the permit, saying it was inconsistent with the Coastal Area Management Act.
In July 1993, the Division of Coastal Management wrote the developer and asked that the pier extension be removed within a month. The developer refused. In January 1994, the Ocracoke residents returned to court and obtained an order requiring the state to begin efforts to have the pier dismantled.
``This case illustrates how concerned citizens can ensure enforcement of our strong coastal protection laws against even the largest developers, and in the face of studied inaction by the state commission entrusted with their enforcement,'' said David Farren, a Chapel Hill lawyer representing the island residents. by CNB