It is not.
The document, described as a "Press Release," was forwarded to local press by Town Hall, with the following message:
"From: Town Manager <Manager@townoforiental.com>
Date: Tue, Mar 17, 2015 at 12:42 PM
Subject: PRESS RELEASE
To: editor@thepamliconews.com, Jeff@compassnews360.com, Charlie Hall <charlie.hall@newbernsj.com>, Town Dock <info@towndock.net>
Good Afternoon,
Please see attached Press Release. Any further comment from the Town can be solicited from Mayor Bill Sage at 252-670-8227.
David Cox Comment: The Town's "Press Release" is quoted below. I have been told by a usually reliable source who wrote the document, but until the author has the fortitude to sign it, I prefer to call the author "anonymous" or "concealed."
PRESS
RELEASE
FOR
IMMEDIATE RELEASE—March 17, 2015—Oriental, NC
To
paraphrase Gerald Ford, “Our long David Cox nightmare is over.”
A full release including a dismissal with prejudice of all lawsuits
and appeals filed against the Town by Oriental resident David Cox has
been executed by Cox and Oriental Mayor Bill Sage on behalf of the
Town. The long and expensive ordeal began when Cox challenged the
Town’s authority under state statutes to close the street
rights-of-way at South Avenue’s western terminus at Raccoon Creek
and all of Avenue A. Cox filed a lawsuit in August 2012 objecting to
the Town’s closing of Avenue A, which was done by order of the
Board of Commissioners after a public hearing in July 2012. After a
hearing in Pamlico County Superior, Senior Resident Superior Court
Judge Benjamin Alford, on April 6, 2013, dismissed all counts of the
complaint filed by Cox . Cox had represented himself, pro
se,
in the court hearing. Cox then obtained an attorney who filed an
appeal to the North Carolina Court of Appeals from Judge Alford’s
order dismissing the case.
After
the dismissal of the lawsuit, the Town entered an order to close the
western end of South Avenue to the waters of Raccoon Creek. The
order announced the intention of the Board to dedicate the property
as a park providing public access to Raccoon Creek and public
amenities to be constructed thereon. Picnic tables were purchased
and placed on the property as part of the process of making it a
first-class amenity for the Town citizens and visitors alike.
Notwithstanding
that his case had been dismissed and an appeal filed, Cox (again
acting pro
se)
filed a second lawsuit against the Town for the closing of a portion
of South Avenue. This meant that the Town had to pay its attorneys
not only for successfully obtaining dismissal of the first suit and
to fully brief the issues to the Court of appeals, but now also to
start the process again on the second lawsuit. The Town’s legal
bills began mounting to tens of thousands of dollars. The Town filed
motions similar to the earlier motions in the first case to dismiss
the second and for sanctions against Cox for filing the second suit.
Superior Court Judge John Nobles entered a stay of the second action
pending the outcome of the appeal, on the grounds that the appeal
would likely resolve the second case.
On
the first of July 2014, the Court of Appeals filed its opinion and
order affirming Judge Alford’s order dismissing the first lawsuit.
The opinion found that Cox had no standing to bring the first suit.
By this point, the Town had spent more than $60000 on the Cox
lawsuits and the Town’s attorneys invited Cox to dismiss his second
action in light of the Court of Appeals’ decision, to end the farce
once and for all, warning Cox that sanctions would be pursued if he
refused. Cox refused to take a dismissal and, therefore, the Town
was obliged to file yet another exhaustive brief to the Superior
Court and to renew its formal motions to dismiss. Judge Alford held
a hearing on November 24, 2014 on the motions and subsequently issued
his order dismissing all of the second lawsuit, another complete
victory for the Town, but at considerable additional cost. Cox then
did the unimaginable. He filed an appeal to the Court of Appeals of
Judge Alford’s order dismissing the second case.
Judge
Alford had indicated that the Town’s motion for sanctions was still
ripe and that he would hear a motion if the Town pressed it. Further
talks between the Town attorneys and Cox ensued and as deadlines at
the Court of Appeals approached and passed, Cox finally agreed to
dismiss the appeal and all matters and suits against the Town. The
Town merely agreed not to pursue sanctions any further. The release
and dismissal was signed and will be submitted to the Court this
week. The total cost to the Town of Oriental of David Cox’s
actions is likely to be in excess of $80000.
During
this expensive and lengthy process, the Town proceeded with
completing the partially built dock on the property obtained from Mr.
Fulcher. We now enjoy a beautiful new eighty-foot public dock for
visiting boaters to The Sailing Capital of North Carolina. In
addition, the Town applied for and has been awarded grants for the
construction of a public restroom facility on the property and for
acquisition and placement on the property of a waste pumpout station
for vessels visiting the new Town Dock Number Two. Plans are
approved and construction is proceeding. The old historic boathouse
on the property is to be fully renovated into a Visitors Center,
adding yet another much needed amenity to the Town assets for
visiting boaters and other tourists.
The
Town Board of Commissioners and the Manager and her staff are about
to enter the budget process for the next fiscal year. But for Mr.
Cox and his lawsuits and appeals, there would be many more dollars
available for Oriental to use in providing facilities and services to
its citizens and visitors."
Diane H. Miller
Town Manager
Town of Oriental, NC
507 Church St PO Box 472
Oriental, NC 28571
Ph: 252.249.0555
Pursuant
to NC General Statutes Chapter 132, Public Records, this electronic
mail message and any attachments hereto, as well as electronic mail
message(s) that may be sent in response to it may be considered a public
record and as such are subject to request and review by anyone at any
time."David Cox Comment:
I urge any member of the public having questions about the document to follow the instructions and call Mayor Bill Sage.
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