July 8th Hearing On Oriental Land Swap

Regular readers know that I filed a complaint last August against the Town of Oriental for bartering a public right of way (Avenue A) for a parcel of property.

Towns across the United States don't own public rights of way - they hold them in trust for the public. They may not sell rights of way, as the City of Los Angeles attempted to do in the 1920's. They may not barter a right of way.

This is as close to settled law as we have in municipal law.

But the Town of Oriental has put forward the novel proposition that they have the right to sell or exchange rights of way just like any other property they may own in fee simple. They even argued that legal theory in Pamlico County Superior Court and won dismissal of my complaint. Before the presiding judge entered his order, they closed a second public right of way (South Avenue) as a part of the exchange bargain.

I appealed the dismissal. Mr. Kirby Smith of New Bern is representing me in the appeal.

When the Town closed South Avenue, I filed a complaint about that action (there is only a thirty day window to complain).

The Town filed a motion to dismiss my South Avenue complaint and also filed a motion for sanctions against me for so filing.

The case was heard Monday afternoon. The judge did not grant either of the Town's motions. Instead, he stayed any further action on my complaint until after action by the Court of Appeals on my first complaint.

During the course of about a half-hour hearing, Judge Nobles seemed to understand my theory of the case enough to allow the possibility I might prevail. He utterly rejected the Town's motion for sanctions. "It is you who are at fault," he declared to Town attorney Scott Davis and Mayor Sage, "for the existence of two suits, not Mr. Cox."

He prudently decided to wait for the North Carolina Court of Appeals to act. I think it was a wise decision.

By the way, I am not the Lone Ranger in this effort. Many other residents of Oriental have supported and encouraged the effort at every step of the way.