Cox v. Town Of Oriental: The Real Story

A lot of nonsense has been promulgated by Oriental Town Government about why I filed suit against the Town over closing of Avenue A and South Avenue.

It was about taking away public rights, but it was very much about defending private property rights.

I call it a swindle. It can also be called theft. Constitutionally, it was a "taking." Takings can be lawful, if taken for a public purpose. But this was neither an exercise of eminent domain nor an exercise of the state's "police power." The only other circumstance in which a street closing is clearly authorized by case law is if all the property owners in a subdivision agree to it.

The Town's attorney Clark Wright knows this. Mayor Bill Sage knows this. But they wanted to do what they did, and they didn't even want to protect public access to the "donated property" by a public dedication, a deed restriction, or any other measure that would protect the public in the future.

It changed the face of the Town forever, and since I have now withdrawn my suit, it can't be undone by the courts, even if it is unlawful.

It isn't really complicated, but the Town Board and its attorneys spent (they say) $80,000 to protect the deal by keeping it from the Court of Appeals.

Here's my story: http://compassnews360.com/former-commissioner-explains-why-he-sued-oriental-town-board/