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www.KMinsure.com Volume 130 • Issue 11
March 14, 2018
kmherald.com • 704-739-7496
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Will Brinkley Properties appeal decision?
City, Orchard Trace win in land dispute ELIZABETH STEWART lib.kmherald@gmail.com
Shirley Brutko, Gateway Trail Director, left, congratulates Jackie Falls, overall run winner for the 5K women’s division. See more photos on page 3A. Photos contributed
215 runners race to finish Saturday was a picture perfect day at the Gateway Trail and the 215 runners were all winners, some in prizes and all for the exercise and good health reasons. Barry Lockman, local potter from Dallas, made the mugs of local clay that went to the Overall run winners from the 5K run and 10 mile run. Fun run participants also received prizes. Twenty-six volunteers were on hand, including a group of seven from Kings Mountain High School thanks to Caleb Sears who organized
the high school volunteers. Other volunteers were from the Trail committee. Starr and Neil Dowell were the timing experts from Finish Well Timing. Participants and visitors took advantage of the new parking lot provided by the City of Kings Mountain across the road from the trail. Runner Director was Dr. Joseph Oyugi, Associate Professor of Biology at Gardner-Webb University. Doug Satterfield is Trail President and Shirley Brutko is Gateway Trail Director.
Superior Court Judge Lisa Bell on Monday ’’dismissed with prejudice’’ a civil lawsuit filed against the City of Kings Mountain and Orchard Trace by Brinkley Properties and 15 other property owners over development of 120 acres of land, a proposed $32 M investment in housing along Kings Mountain Boulevard. “Obviously we are elated with the judges decision and we can go back to business as usual,” said Mayor Scott Neisler. He added “This did cause the city to look at its procedures and I am happy to report that we are doing things correctly. It is important for everyone in Kings Mountain to know the City is fair to everybody.” Orchard Trace is the name of the proposed development to the east of Bain Road, to the east of Testa Family Hospice House on Kings Mountain Boulevard and to the west of Pinehurst Drive. Orchard Trace got its name from the former peach or-
chards on the property. City Attorney Mickey C o r r y said that “ d i s - MAYOR NEISLER missed with prejudice” is a final judgment. When a lawsuit is dismissed with prejudice the court is saying that it has made a final determination on the merits of the case and the Plaintiff is barred from filing another lawsuit based on the same grounds. Brinkley Properties has 30 days to appeal the Bell decision to the North Carolina Court of Appeals in Raleigh. David Brinkley, President of the company, said he will meet with his attorneys Friday to make a decision on an appeal. “I am disappointed with the ruling,’’ he said, adding, “I am fighting for 15 property owners and I am spending my own money, the city is spending taxpayer money. I am trying to be a good citizen.” Public hearing on request by Orchard Trace to rezone the property was
on Dec. 20, 2016. C i t y Council, on recommendation of the planning DAVID BRINKLEY and zoning board, rezoned the property from Residential 20 to a Conditional District rezoning Residential 6 for a planned unit development. Complainants said the city did not follow proper protocol before approving a rezoning request that would allow apartments, houses and offices on the property. On August 30, 2017 by vote of 6-1 City Council denied Brinkley Properties request to rezone five properties back to the original rezoning of Residential R-10 from Conditional District R-6 and following recommendation of the Planning and Zoning board. The land dispute led to a lawsuit that has been ongoing and has resulted in numerous court hearings and lawyer fees in the thousands of dollars. The complicated pieces
of litigation have piled up pages and pages of materials in the Superior Court Clerks’ office in Shelby. The Order on Motions for Summary Judgment came before Superior Court Judge Lisa Bell on January 9 in the civil term of court and pursuant to Rule 56 cross Motions for Summary Judgment. The Plaintiffs, which also included Jerry and Carolyn Moore, Don and Gail Baber, Barry and Jenny Rikard, Stephanie and Shane Short, Alice White, Mabel Moore, Mike and Elizabeth Whitehead, Leonard White and George and Mary Greer, were represented at the hearing by Attorneys Charles C. Meeker and Nick E. Tosco. Defendant City of Kings Mountain was represented at the hearing by Attorney Clayward C. Corry Jr., Forrest A. Ferrell and Jason White. Defendant Orchard Trace of Kings Mountain, LLC was represented at the hearing by Attorney David E. Fox. The judgment reads: “Having carefully considered by the motions, including memoranda, exhibits and authorities, and See DISPUTE, Page 7A
April events are Color Run is March 24 favorites
Special Olympics Cleveland County will host the inaugural community wide Special Olympics Cleveland County Color Run on March 24 at 7:30 a.m. at Patriots Park. Proceeds from this event will benefit the Special Olympics Cleveland County basketball team as they prepare to compete at the 2018 Special Olympics USA Games in Seattle, Washington. The 2018 Special Olympics USA Games will feature 4,000 athletes and coaches representing all 50 states and the District of Columbia competing in 14 Olympic-type sports. The 2018 Special Olympics USA Games will celebrate the Special Olympics movement by promoting the ideals of acceptance and inclusion through sport and by showcasing the abilities of people with intellectual disabilities. The 2018 USA Games will also highlight Special Olympics’ work in education, health and community-building.
The Special Olympics Cleveland County Color Run is an untimed 5k fun run/ walk for all ages and fitness abilities. Along the route, participants pass through vibrant color zones, making it a “colorful experience.” Additionally, each pre-registered participant is provided with a single powder color packet that will be thrown in the air at the final color celebration at the finish line. “Rather than sell goods, we want to engage the entire community in a fitness initiative that aims to encourage a life-long healthy way of living,” said Emily Cloninger, race organizer. Participants who registered by March 9 will receive a t-shirt, race bib, and individual color packet. You can sign up for the run by visiting https://events. myschoolcolorrun.com/ event/2018-Special- Olympics-Color-Run or by completing a paper registration form. Business sponsorship opportunities are also available. Please contact the event organizer for more information.
Two popular community-wide events in April are announced by the City of Kings Mountain Special Events Department. Christy Conner, Events Coordinator, said the 22nd annual state-champion Firehouse BBQ sponsored by the Kings Mountain Fire Department will be held Friday, April 20 from 12 noon until 10 p.m. and Saturday, April 21, from 9 a.m.-4 p.m. at the city’s walking track and Jake Early Park. Thousands of dollars in cash prizes and trophies will be awarded to the winners in the cook-off. Barbecue-cooking teams come from all over the country to participate in the event, open to the public. Earth Day will be celebrated Saturday, April 21, from 11 a.m.-3 p.m. at the Kings Mountain Gateway Trail. Survival expert Spencer Bolejack headlining the event along with numerous other fun attractions. The public is invited and there is no admission charge.
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HONORED – Larry Hamrick Jr., Kings Mountain insuranceman, is presented the North Carolina Lions Foundation’s highest honor, The Jack Stickley Fellowship, by Lion W. Donald Crawford. Hamrick received a letter from the Foundation President, a Stickley Fellow pin, and a numbered wallet identification card in addition to the plaque he received from Crawford at a recent meeting. Photo submitted
5 citizens to be honored Davidson High School Alumni Association will honor five Kings Mountain citizens with its first Davidson Legacy award at a banquet Saturday, April 14 at 6 p.m. at Mount Zion Baptist Church Family Life Center. The recipients are James
L. Boyd Jr., Mary S. Neisler, the late Karl L. Jenkins, Annie Thombs and Dr. Everette B. Thombs Sr. The honorees are recognized as community supporters whose leadership and service has impacted in keeping the Davidson legacy alive.
Tickets are $35 for the banquet and checks should be made payable to Davidson High School Alumni Association. Call Becky Smith at 704-7391030 or Melba Kimble at 704-300.3551 for tickets.
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