THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Tuesday, December 12, 1995 TAG: 9512120268
SECTION: LOCAL PAGE: B1 EDITION: NORTH CAROLINA
SOURCE: BY PAUL SOUTH, Staff writer
DATELINE: KILL DEVIL HILLS LENGTH: Medium: 64 lines
Town commissioners told their attorney Monday to appeal a Dare County Superior Court ruling that closed a controversial beach access on East Hayman Boulevard.
The Board of Commissioners met in closed session with Kill Devil Hills Town Attorney Wallace McCown for about 25 minutes, and then announced that the board would challenge the court riling.
Last month, Superior Court Judge William C. Griffin ruled in favor of East Hayman Boulevard property owners, who contended the town exceeded its authority in building a 44-space parking lot at the end of the street.
Attorneys for the town argued that it was within the municipality's right to construct the access. The case now goes to the North Carolina Court of Civil Appeals, where a three-judge panel will hear the case.
``I don't want to see us lose it,'' Commissioner Bill Morris said. ``The town has to be able to use its property to best benefit the town as a whole.''
Mayor Duncan Wright, who was chairman of the town's Street Improvement Study Commission at the time the Hayman project was approved, said a majority of Kill Devil Hills residents support improved beach access.
``We only have about 80 some-odd parking spaces on that end of the beach,'' Wright said. ``But the farther north past Landing Road you go, there are more than triple that number of spaces. Since the property belongs to us, we have a right to improve our property for the betterment of the town.''
Wright said the lone permanent resident on East Hayman Boulevard supports the access. Other town residents have voiced support.
``The Street Improvement Study Commission got a petition with over 40 signatures of residents who supported the project,'' Wright said.
The commissioners said there appeared to be no room for compromise.
``I don't think there can be a compromise,'' Morris said. ``When the appeals judges hear our case, I think they will rule in our favor.''
In other action, the newly elected board members took the oath of office. Wright was inaugurated as the new mayor, while Morris and James Dean Hanks were sworn in as members of the commission.
Jeff Shields, who was the third highest vote-getter in the at-large race for two seats, was unanimously approved to fill Wright's unexpired term on the panel. Shields will take office in January.
Commissioner E.M. ``Coy'' Harbeson was selected to succeed Wright as mayor pro tempore.
Also, the panel:
Approved, with conditions, a site plan for a proposed miniature golf course at First Street and U.S. 158. The commissioners granted the request, but will require the construction of a sidewalk on First Street. The facility must meet other conditions set forth by the planning board. Residents had expressed concerns about traffic, noise, safety and the aesthetics of the project.
Gave the go-ahead for a site plan to allow the conversion of the old Ocean View Motel into the Ocean View Baptist Church. Also, the panel approved the expansion of the Dare Centre parking lot, and allowed the placement of an automated teller machine.
Approved its portion of a complicated land swap by the town, the Dare County Board of Education and The Nature Conservancy. The transaction will provide property for a new beach high school, and provide greater protection for the environmentally sensitive Run Hill dune. by CNB