aserviceinc.com
Volume 130 • Issue 52
kmherald.com • 704-739-7496
December 26, 2018
75¢
Court of Appeals affirms trial court ruling in property dispute By 3-0 vote a three judge panel of the North Carolina Court of Appeals has affirmed a trial court’s order of March 14, 2018 and denied Brinkley Properties motion for summary judgment in a property dispute at the center of a two-year-old civil lawsuit between 15 property owners. The City of Kings Mountain and Orchard Trace, a proposed 120-acre housing development along Kings Mountain Boulevard and Margrace Road touted to be a $32 million dollar investment in multi-family housing. City Attorney Mickey Corry said oral arguments
before the Court of Appeals took place Nov. 15, 2018 and the appellate court filed its ruling Dec. 18. “This is a quick response,’’ Corry reported to city council Dec. 18. The opinion was only 10 pages in length, which is interesting, because the file that has accumulated is a couple feet thick. The issue was finally narrowed down to two real issues that Brinkley Properties and others were asking for review by the North Carolina Court of Appeals. Specifically, the Court of Appeals ruled the adjacent property owners ‘’failed to allege that a zoning ordinance adopted
by the city directly limits the use of their own land or otherwise results in an actual or imminent concrete and particularized injury and that the change of the property from residential to conditional use did not constitute an act of actionable injury.’’ Several adjacent property owners provided affidavits stating concerns on traffic, potential impact of water resources in the area and loss of land value. The panel said the affidavits are unsupported by direct evidence and merely plaintiff’s concerns over possible interference with their enjoyment of their property. Corry said that one of
the major findings was that the plaintiffs did not have proper standing to even bring the lawsuit. “What really is your injury? What are you really contending? questions asked of plaintiffs Brinkley Properties of Kings Mountain, LLC, Jerry Moore, Carolyn Moore, Don Baber, Gail Baber, Barry Rikard, Jenny Rikard, Stephanie Short, Shane Short, Alice White, Mabel Moore, Mike Whitehead, Elizabeth Whitehead, Leonard White, George Greer and Mary Greer. Plaintiff appellants were represented by Parker Poe Adams Bernstein, LLP, by Charles C. Meeker and Nicolas E. Tosco.
Representing the defendant City of Kings Mountain were the Corry Law Firm by Clayward C. Corry Jr. and Sigmon, Clark, Mackie, Harvey & Ferrell, P. A, by Forrest A. Ferrell and Jason White. Representing defendant - appellant Orchard Trace of Kings Mountain were Moore and Van Allen PLLC, by David Fox and Benjamin F. Leighton Orchard Trace submitted a rezoning application to the Planning & Economic Development Department on Nov. 7, 2016. The application requested that 120 acres of land owned by Orchard Trace be rezoned from residential to condi-
tional use so the developer could proceed with plans to develop multi-family market rate apartments, active living housing, neighborhood offices, retail space, and single-family detached homes on the property. Steve Killian, then director of the city department, determined that the application was complete and com plied with Kings Mountain zoning ordinances. The application was presented to the planning and zoning board at a public meeting on Dec. 13, 2016 and the board voted to recommend that City Council, which has final say in See DISPUTE, Page 7A
Ford withdraws rezoning request at Dec. 18 City Council meeting By Loretta Cozart A public hearing was held during the December 18, 2018 City Council Meeting to consider a rezoning request on property located at 201 East King Street (KM Map 4, Blk 6, Lot 16 PIN#350310398). Property owner Ted Ford requested it be rezoned from Neighborhood Business to Conditional Use Zoning of General Business to allow Neighborhood Business Zoning District uses along with an Upholstery Business. However, the request was later withdrawn because the tenant was no longer interested in leasing the property. The motion to allow the applicant to withdraw the request was made by Councilman Jay Rhodes and the vote was unanimous. In other business, City
Council considered adopting the preliminary plat for Churchill Pointe Subdivision – Case No. MS-1-11-18. The first five lots had already been platted and a remaining lot was divided into nine lots. The property is bounded by Washington Street, Churchill Drive and Ware Street. This request had prior approval of the Zoning and Planning Board. There is no request for new streets and sidewalks are not required. Councilman Tommy Hawkins made the motion to accept the preliminary plat and the vote was unanimous. Council discussed possible action regarding the City entering into a contract with Republic Waste Services from February 1, 2019 through June 2019 and then from month-to-month. The
prior vendor, Sonoco, went out of business and the City needs an interim service until they decide the best way to handle recycling going forward. “Recycling isn’t what it used to be. Tons of plastic is being banked. We are being forced to make changes and we’ve got to do something,” Mayor Pro-tem Rodney Gordon said. “We have got to better educate our citizens on what needs to be recycled, because those items have changed dramatically over time.” Gordon made the motion the City engage Republic Waste services beginning in February 1, 2019 through June 2019 and then from month-to-month until a better solution can be found. The vote was unanimous.
Wal-Mart Neighborhood Market Manager Justin Delph and his staff helping prepare for the food drive on December 17. Wal-Mart collected over 200 bags of food which were donated by customers. (Photo provided)
Patrick Senior Center food drive a success By Loretta Cozart The holidays can be a difficult time for folks, especially for those living on a limited income. The H. Lawrence Patrick Senior Center has a history of helping seniors in need, and this year at Christmas they were able to help raise food for over 200 families, thanks to support from local businesses and the community.
Detective Josh Bryant, SRO Hannah Yarborough, Lt. Todd McDougal, Cpl. Keith Davis, Landon Hulsey, Officer Brent Herndon and Detective Paul Alexander with the toys collected during the 2018 Kings Mountain Police Department Christmas Toy Run and Bicycle Drive. (Photo provided)
KM Police Department toy drive Kings Mountain Police Department’s 2018 Christmas Toy Run and Bicycle Drive ended on December 18, 2018. Tuesday after-
noon, families streamed into the Police Department to pick up their children’s Christmas gifts. Through the combined efforts of Murphey’s 24th Annual Toy Run, Camper’s Inn RV 3rd Annual Holiday Bike Drive, the Kings
Mountain Police Department and the citizens of Kings Mountain, 120 Kings Mountain children will have a wonderful Christmas this year. Twenty-six bicycles and hundreds of toys were distributed during the afternoon.
It all started from a phone conversation between Patrick Senior Center Director Tabitha Thomas and Wal-Mart Neighborhood Market Manager Justin Delph. They discussed possible partnership opportunities and Justin said they were looking for a volunteer opportunity. That’s where the magic began. Other businesses like Food Lion and Ingles came on board,
along with City of Kings Mountain Departments including City Hall, Public Works and the Mauney Memorial Library. Momentum grew, and donations began to pour in. On Monday, December 17, Wal-Mart employees, led by Delph, came to the Patrick Center with a huge load of food to add to the growing collection, and See FOOD, Page 7A
Are you OK? Are you OK? That’s what the Cleveland County Sheriff’s Department will be asking older adults, disabled persons and shut-ins in a free telephone calling service you can sign up for now. “We are renewing this computerized system which will call each enrolled subscriber every day of the
year at the same time of the day during the morning between 7:30 and 11:30 a.m. The subscriber can choose the time he/she wants to be called. The calling system has been upgraded from past years and is not intended to take the place of Lifeline, Life phone or any other service a person is now using.
This is how it works. When the subscriber picks up the phone he or she will hear a voice message asking “Are you OK?”If the subscriber fails to answer the phone, if there is a busy signal several times in a row, the computer immediately notifies the law enforcement dispatcher See OK, Page 7A
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