THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Friday, March 24, 1995 TAG: 9503240550
SECTION: LOCAL PAGE: B1 EDITION: NORTH CAROLINA
SOURCE: BY PAUL SOUTH, STAFF WRITER
DATELINE: MANTEO LENGTH: Medium: 62 lines
When Dare County Commission Chairman Robert V. ``Bobby'' Owens Jr. cast the deciding vote in favor of a controversial change in the county's zoning ordinance, he said the issue would probably be settled in the courts.
On Thursday, Owens' prediction came true.
An environmental group called The Friends of Roanoke Island, and several island homeowners, sued, asking that the zoning change be overturned.
The complaint also asks that Wallace Harvey's efforts to build a destination-style campground on the north end of the island be halted.
The seven members of the Board of Commissioners, as well as Harvey and his wife, Margaret, are named as defendants in the eight-page complaint, filed in Dare County Circuit Court.
The suit asks that the court strike down the county's Dec. 5 action which created a new designation known as ``Conservation-Public Recreation.''
Last summer, Harvey petitioned the Dare County Planning Board to create the designation, which would affect a 46-acre tract where Harvey wants to build the campground. The environmental group claims that the zoning change violates the county's Land Use Plan, its zoning ordinance, and state law.
The complaint alleges that the Harvey campground and the county's action ``violates Dare County's explicit policy to limit commercial development in historical conservation land use areas.''
Also, the plaintiffs contend that the action constitutes illegal ``spot zoning'' and ``contract zoning.''
Raleigh attorney W. Brian Howell is representing the Friends of Roanoke Island. He said his clients are ready for a long legal battle.
``My clients are in this for the long haul,'' Howell said. ``If they weren't, I would not have filed the lawsuit.
``The important issues in this case involve the zoning ordinance and the Land Use Plan,'' Howell said. ``We feel the commission did not go far enough in studying the spot zoning issue. But we don't want that to be the focus of this case.''
Jay Wheeless, a Nags Head attorney representing the Harvey family, said Thursday he was reviewing the complaint, and would have a statement at a later date.
Dare County Spokesman Charles Hartig also refused comment until the county's lawyer, H. Al Cole Jr., could study the lawsuit.
Asked if Cole will join Wheeless as part of the defense team in the case, Hartig said, ``I'm quite confident the county attorney will play a major role in the adjudication of this case.''
The defendants have 30 days to respond to the lawsuit.
The debate over the Harvey tract has pitted neighbor against neighbor. The proposed campground also has gained the attention of actor Andy Griffith. A homeowner on the north end of Roanoke Island, Griffith opposes the Harvey plan, claiming it would damage the area's natural beauty.
Proponents argue that the campground would be a boost to Roanoke Island and would help economic development.
The proposed campground plans are being considered by the Dare County Planning Board. by CNB