THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Thursday, December 7, 1995 TAG: 9512070341
SECTION: LOCAL PAGE: B1 EDITION: NORTH CAROLINA
SOURCE: BY PAUL SOUTH, STAFF WRITER
DATELINE: KILL DEVIL HILLS LENGTH: Medium: 70 lines
A controversial access area to the oceanfront in Kill Devil Hills has been closed by a judge at the request of unhappy neighbors of the new facility.
Superior Court Judge William C. Griffin ruled on Nov. 28 that the town did not have the right to build a 44-space parking lot on the east end of East Hayman Boulevard, and ordered the access closed.
The town has 30 days to appeal the ruling. The access will remain closed during the appeal process.
Fifteen residents of the Virginia Dare Shores subdivision filed suit in August to stop the town from developing the east end of East Hayman to provide beach access from U.S. 158 and NC 12.
The plaintiffs argued successfully that under common law, and under its own zoning ordinances, the town did not have the right to develop the parking lot.
The town has a street easement on the road, but the residents argued that since Kill Devil Hills did not hold title to the street, it was prohibited from building the access.
Attorneys for the town disagreed.
Residents tried unsuccessfully last May to get the Kill Devil Hills Board of Commissioners to stop plans to build the additional parking. They argued that the construction of a parking lot would lead to increased crime and traffic in the neighborhood and would hurt property values.
They also said the town had entered into a compromise agreement with former Town Manager W. Alden ``Doc'' Hoggard III, which said that no beach access would be built on East Hayman.
At a commission meeting last May, Mayor Terry Gray said the town was not bound by the compromise, since it had not been approved by the five-member board of commissioners.
Kill Devil attorney Starkey Sharp, who along with Robert Outten represented the East Hayman homeowners, said the residents feel vindicated by the court's ruling. Most of those who filed the suit are out-of-town property owners.
``We feel that the town was arrogant in dealing with the residents, who are taxpayers. But because they don't have a vote, the town took a `You can't fight city hall' stance,'' Sharp said. ``The residents bent over backwards to try to reach a compromise with the town, but the town wouldn't budge.''
Sharp also said his clients feel little sympathy for the town because the beach access has already been built.
``They could have held off construction,'' Sharp said. ``We tried to work out a compromise, but they went on, full speed ahead.''
A new Board of Commissioners takes office Monday. Sharp said the new panel may take a more favorable view of the Hayman homeowners' case.
``We're in a good position,'' he said. ``After one boondoggle pushed through by the commission, perhaps this board will think twice before spending more of the taxpayers' money on an appeal.''But one man's boondoggle is to another a thing of beauty.
``I hope the town will appeal it,'' said Bob Gabriel, a resident of Kill Devil Hills who operates a lifeguard service. ``This is an effort to beautify the town. We need an access on the north end of the beach.''
Kill Devil Hills Town Attorney Wallace McCown said the Board of Commissioners is likely to meet in closed session at its next meeting to determine if they will fight the ruling. He would not comment on what advice he may give the town concerning any future actions. ILLUSTRATION: DREW C. WILSON/ The Virginian-Pilot
A judge closed the newly constructed East Hayman Boulevard beach
access parking lot in Kill Devil Hills at the behest of neighbors.
by CNB