
DATE: Saturday, March 15, 1997              TAG: 9703150305

SECTION: LOCAL                   PAGE: B1   EDITION: FINAL 

SOURCE: BY MARC DAVIS, STAFF WRITER 
DATELINE: VIRGINIA BEACH                    LENGTH:   78 lines

THIRD LAWSUIT FILED OVER RUDEE INLET THE CHANNEL MAY COST THE BEACH MILLIONS.

Rudee Inlet, the sand-clogged channel that has baffled boaters for 29 years, has drawn its third lawsuit since November. This time, the stakes are the highest yet.

On Tuesday, the owner of a million-dollar yacht that got stuck in Rudee Inlet for three days in February 1996, then was wrecked by waves, sued Virginia Beach and two city officials.

The lawsuit seeks $1.5 million in compensation - the value of the ruined 66-foot yacht and $500,000 more to punish the city.

The lawsuit claims that Virginia Beach has an intentional policy of letting the inlet clog with sand until the water is only 5 feet deep. The lawsuit says this is a hazard to boaters and violates the city's agreement with the Army Corps of Engineers to maintain the inlet at 10 feet.

The lawsuit names three defendants: City Manager James K. Spore, Public Works Director Ralph A. Smith and the city itself. It was filed in Norfolk's federal court by Yacht Sales International Inc., based in Miami Beach.

The yacht ran aground Feb. 8, 1996, on its maiden voyage from a New Jersey factory to a Florida boat show, where it was to be a main attraction. The crew intended to tie up at a Rudee Inlet pier and spend the night.

Instead, the boat - which draws about 5 feet of water - got stuck as it passed through the channel. Three days of heavy seas swamped the yacht, gutting its insides.

The company's attorney, Edward J. Powers of Norfolk, said the yacht's hull was all that remained. It was sold later for about $150,000 to $200,000, Powers said.

The city says it is not responsible for the wreck.

``There had been adequate notice given of the shoaling in this case,'' Deputy City Attorney Richard J. Beaver said. ``Anyone driving down the coast in a boat like that, who's a paid captain, has an obligation, especially when the (marine) chart says `subject to shoaling,' to confirm'' that the channel is clear.

Beaver said the city broadcast a notice to mariners, through the Coast Guard, about Rudee Inlet's condition before the yacht ran aground.

But Powers, the boat owner's attorney, said no such warning was in effect at the time of the grounding. Powers said warnings were issued in December and January, before the grounding, but lapsed in February, the month of the grounding.

``Once (the notice to mariners) is discontinued, it is presumed the problem was rectified,'' Powers said.

A member of the boat's crew said last year that he and the captain called ahead to the Rudee Inlet Fishing Center for advice, before entering the inlet, and were advised of the proper course to take through the channel.

This is the third lawsuit filed since November involving a boat grounding in Rudee Inlet.

On Nov. 5, Gary and Roxann Van Auken sued after the boat in which they lived ran aground on Dec. 2, 1995. The city agreed last week to pay the Van Aukens $55,000 to settle that case.

On Feb. 13, Atlantic Dive Charter Ltd. sued after its boat, the Virginia Mae, ran aground on Nov. 30, 1996. The company seeks $600,000. The case is pending in federal court. ILLUSTRATION: [Color Photo]

ASSOCIATED PRESS/File photo

A $1.5 million yacht ran aground in the entrance to Rudee Inlet on

Feb. 8, 1996. Its owner is suing Virginia Beach for $2 million.

RECENT CASES

Since November, Virginia Beach has been sued three times over

boats running aground in Rudee Inlet. Each lawsuit accuses the city

of failing to maintain the inlet and failing to warn boaters.

Nov. 5: Gary and Roxann Van Auken sued after their boat ran

aground Dec. 2, 1995. The city agreed to pay $55,000 last week.

Feb. 13: Atlantic Dive Charter Ltd. sued after its boat, the

Virginia Mae, ran aground Nov. 30, 1996. Seeks $600,000. Case

pending.