THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Wednesday, April 26, 1995 TAG: 9504260495
SECTION: LOCAL PAGE: B1 EDITION: NORTH CAROLINA
SOURCE: BY PAUL SOUTH, STAFF WRITER
DATELINE: MANTEO LENGTH: Medium: 56 lines
A hearing has been set May 8 in Dare County Superior Court to determine whether the court will hear arguments in Dellerva Collins' efforts to win a disputed seat on the Manteo Board of Commissioners.
Collins and current Commissioner Rocky Midgette have been involved in a 17-month legal battle over the seat on the six-member board. Collins contends she won in the 1993 election, but Midgette claimed write-in votes gave him the post.
They've been wrangling ever since.
On Feb. 27, Collins filed suit in Superior Court in an effort to remove Midgette from the panel. Earlier this month, Midgette attorney Michael Crowell filed a motion to dismiss the action, arguing that it was not filed in a timely manner.
In court documents filed April 5, Crowell cited the North Carolina General Statutes, which require any challenger to an election to file within 90 days.
Crowell argued that Collins' suit was filed well after the 90-day limit, since Midgette took office on March 2, 1994. As a result, they say, the complaint should be dismissed.
However, attorneys for Collins contend that the action was filed well within the 90-day requirement, since the election was in litigation until late December. As a result, attorneys say, the action filed in February should be heard.
Crowell, reached Tuesday afternoon at his Raleigh office, said the statute is specific on the time limit for filing such complaints.
``The statute is very clear,'' Crowell said. ``It says you have to file within 90 days of the candidate taking office. The question here is whether Mrs. Collins followed the proper procedure. We believe she did not.''
Crowell said he has contacted the Dare County Board of Elections seeking new balloting for the seat.
``We have written to the board, asking them to consider the issue before it, which is the question of a new election, which is what we asked for in the first place,'' Crowell said. ``All the court of Appeals said was that the 36 blank ballots should not be counted for Rocky.''
Collins' attorney, Cressie Thigpen Jr. of Raleigh, would say little because arguments will be heard in less than two weeks. He said simply, ``Our position is that they're wrong.''
The state appeals panel ruled last December that the North Carolina Board of Elections erred when it awarded 36 blank absentee ballots to Midgette in the four-candidate race for three seats on the Manteo governing body. The appeals court ordered the state board not to count the 36 ballots, which would make Collins the winner.
First District Superior Court Judge Jerry Tillett is expected to hear the case. by CNB