This
is to let readers of my blog know that I have formally surrendered in the court
case of Cox v. Town of Oriental in what I still view as a swindle.
I call it a swindle because when Town Government closed the terminus of South Avenue, they took my personal property right (and the right of other property owners in the Village) to an easement in that street and gave it to another citizen. Not because I say so, but because more than a hundred years of NC Supreme Court decisions say so. The Court of Appeals spelled it out in the second paragraph of their 2009 opinion in the case of Town of Oriental v. Henry: "Generally," the Court said, "where lots are sold and conveyed by reference to a map or plat which represents a division of a tract of land into subdivisions of streets and lots, such streets become dedicated to public use, and the purchaser of the lot or lots acquires the right to have each of the streets kept open...."
I didn't surrender because the Town had the right to close South Avenue - they didn't. I surrendered because I no longer have the material and emotional resources to continue the fight, even though the prospects for a win at the Court of Appeals were excellent. But I had to face the possibility that even after a win I might face additional years of litigation.
I call it a swindle because when Town Government closed the terminus of South Avenue, they took my personal property right (and the right of other property owners in the Village) to an easement in that street and gave it to another citizen. Not because I say so, but because more than a hundred years of NC Supreme Court decisions say so. The Court of Appeals spelled it out in the second paragraph of their 2009 opinion in the case of Town of Oriental v. Henry: "Generally," the Court said, "where lots are sold and conveyed by reference to a map or plat which represents a division of a tract of land into subdivisions of streets and lots, such streets become dedicated to public use, and the purchaser of the lot or lots acquires the right to have each of the streets kept open...."
I didn't surrender because the Town had the right to close South Avenue - they didn't. I surrendered because I no longer have the material and emotional resources to continue the fight, even though the prospects for a win at the Court of Appeals were excellent. But I had to face the possibility that even after a win I might face additional years of litigation.
I'm sorry the elected officials of the Town spent so much money on the effort to keep the legal issues from being ruled on by the Court of Appeals. I'm sorry the Town Government has done nothing to protect future public access to and ownership rights of the new Town Dock, as I urged them repeatedly to do.
From 2002 to 2009 the
Town Government spent tens of thousands of dollars to defend its
control of South Avenue and to defend the rights of its citizens to use that public way to access public trust waters. That effort sought to bring legal issues before the Court of Appeals. Now
the Commissioners claim to have spent more than 80 thousand to abandon the fruits of
that victory for the Town's citizens and property owners. This time the Town Government's purpose in the court fight was to keep the issues away from the Court of Appeals.
I
am grateful to the Court of Appeals for spelling out in its opinion on
Avenue A what I needed to do to win on South Avenue. I am also
grateful to the Court that it did not affirm a single one of the Town's
claims to have lawful authority to do what they did.
That
being said, I could easily foresee two or three more years of effort to oppose this taking,
with an uncertain outcome. I have other things to do.
I have abandoned the court fight, but I will not abandon my concern for public access to public trust waters.
Thanks for your support.
David Cox


Canada at NATO


Today, September 17, is also the 152 anniversary of the Battle of Antietam.
"I had just got myself pretty comfortable when a bomb burst over me and completely deafened me. I felt a blow on my right shoulder and my jacket was covered with white stuff. I felt mechanically whether I still had my arm and thank God it was still whole. At the same time I felt something damp on my face; I wiped it off. It was bloody. Now I first saw that the man next to me, Kessler, lacked the upper part of his head, and almost all his brains had gone into the face of the man next to him, Merkel, so that he could scarcely see. Since any moment the same could happen to anyone, no one thought much about it."
Christoph Niederer, 20th New York Infantry, 6th Corps"
For us historically minded humans, with our lives of numerals that end in "0" and "5," we have 200th anniversaries of the War of 1812 (Star Spangled Banner), the 150th anniversary of the Civil War (Sheridan's victory at 3rd Winchester is on 19 September), 100th anniversary of the Great War (the 1st Battle of Aisne had ended and the Race to the Sea has begun as the Western Front stalemates), the 70th and 75th anniversaries for WWII (a six year war produces such terrible double anniversries for "live blogging"), and now the beginning of 50th anniversaries for Vietnam, and next summer the 25th anniversary for the Gulf War I, and we have been in war continuously since September 11, 2001
And we are now going to do it again, and again, and again.