Cox v. Town Of Oriental

Sometime in the next two days, I will file a notice of appeal of the judge's dismissal of my complaint against the Town of Oriental. The complaint concerned Avenue A and the Town's contract to exchange two dedicated and accepted rights of way for a parcel of real estate. In other words, I opposed the Town Board's desire to sell or barter an asset they only hold in trust for the public.

So far the Town says it has spent $30,000 for the motion to dismiss.

What was really at issue? The Town wants to be free to sell or otherwise dispose of the newly-acquired waterfront property whenever they see fit, for whatever reason.

In other words, they want the right to flip the real estate, including any of the Town's rights of way. No irrevocable dedication. "Don't tie our hands."

The Court of Appeals will not uphold the Town's position.

For those who think I am making this up after the fact, I refer to my blog post of last June 14, before the July 3 public hearing. "What Do I Really Think?" the post asked.

I think the Town's position jeopardizes all of our rights of way, especially those leading to the water.

This is not just my fight. It is the fight of everyone who values public access to the water.

The effort to continue the appeal will take more money and effort. If possible, we need to hire an attorney. In the meantime, there are filing deadlines for the appeal process.

I have established a bank account in the name of: ONC Protect Streets. I am accepting donations. Mail contributions to ONC Protect Streets, P.O. Box 236, Oriental, NC 28571. All unused contributions will be returned.

This is about Oriental's future.