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[derf]

frank folb's view on the 'hearing' yesterday
(frank folb owns 'frank and fran's tackle shop , and is involved in the reg-neg negations going on .)

MY TAKE ON THE HEARING IN DETAIL posted by Frank, Sr.

Sorry I am so late in my update from the court hearing in Raleigh yesterday, but the line for what happens has been endless in the shop this morning and last night I could not get my website functional.
We entered the courthouse after being greeted at the door by a friend who is retired from the US Marshal’s Office. Entering the courtroom about 45 minutes early it was with pleasure that I was surrounded with comrades (County Commissioners, City Mayors, business owners, visitors to the island who traveled as far as from Florida, Maryland, South Carolina, and all parts of North Carolina) John, Bob, David, David, Judy, Larry, Laken, Wayne, Pat, Beth, ……. And many others were there. Between 75 and a hundred were seated for our cause. I only recognized two people from our island in attendance for the other side except Mr. Maddox who sat with the SELC lawyers. There were several reporters there including the Virginia Pilot and the Coastland Times.
Judge Boyle entered the courtroom and wasted no time in stating that he had read the briefs and was prepared at that time to issue an injunction upon the merits of the injunction request. Because he was prepared to issue this injunction he questioned why there was a need for the continuance requested by both the Plaintiffs and the Defense.
Derb Carter answered that they thought that with very little work over the next seven days that the plaintiffs and the defense would be able to settle the lawsuit before him and do away with the need for an injunction.
Judge Boyle then turned to the NPS(Defendants) lawyer and began questioning her. In many of the questions she was inept in her replies and appeared to know little about the subjects he approached. He then asked her what made her and NPS think that what they had failed to do in the last 32 years could be remedied in the next seven days. He then asked her several specific questions about items he thought should be in the plan:
1. Have you considered curbing or curtailing night time ORV use on the beach?
2. Have you considered that there are three distinct areas that need to be considered?
A. Oregon Inlet that has one Ramp 4 most of the year and major crowding conditions needs one type of management.
B. Hatteras Island that has many ramps (“You know that you can’t just drive over the dunes anywhere, you must use one of the ramps over the dunes to enter the beach.”) may need a different management. “What about the villages on the island, there are four or five aren’t there, and are they incorporated or a part of the county?” He then listed some of the villages missing Buxton and not ever mentioning Hatteras Inlet area.
C. And Ocracoke will most probably be managed even somewhat different since it has fewer visitors with traffic limited to ferry service or coming in by boat. Of course those coming in by boat would not have vehicles anyway.
3. Have you considered permits? “ Isn’t it true that to get a hunting license one must pass a hunters safety course to get a permit to hunt, but to drive on the beach all you have to have is a drivers license and licensed vehicle to go driving on the beach?”
4. Have you considered sizes of vehicles? “There must be a difference in the damage that an 8000 lb. Hummer would have on the beach versus a 1500 lb. jeep.”
5. Have you considered that there is a difference in what the local person that lives there needs to be able to do versus the visitor that might come down from Cleveland for a week to enjoy the beach by vehicle?
6. Have you considered the water’s edge? “Isn’t it true that these small birds need to go to the edge of the water to feed and small creatures of the ocean are living in this area as well?”
7. If settle is reached is park service going to be able to put this settlement into place? “You are aware that since the 1970’s visitation have increased and personnel of NPS have been reduced through the years? If this is true how you can exercise such a settlement?”
NOTE: The quotes are not the exact words of the judge but are the words as I heard them.

After the attorney for NPS stated that thought that they could come to some settlement he quizzed her about whether this settlement would stand without any ability of appealing the settlement. She seemed to think so, but he then stated that there was some notice that there were others in the courtroom that had not been heard on the settlement being the attorneys for Dare County, Hyde County and CHAPA.
With that said he turned to our attorneys and asked why they should be included in the settlement discussions. Our attorneys did a very creditable job of showing need to be a part of the settlement negotiations and stating that should settlement be reached that they indeed had the right to appeal the decision. The judge allowed them to be at the negotiation attempt, but disagreed with the ability to appeal. There was disagreement on the part of the court and our attorneys on this point when the judge granted the continuance and adjourned the hearing for the day.
After the end of the court we went outside the courtroom to be greeted by the media in the area. I spoke on what I believe the effects of this hearing will have on my business and family on Hatteras Island, but we overheard Derb Carter being interviewed by reports when I quote as close as I can his comment. He was asked, what will be the effects of this suit on the economy of the local people and Derb’s reply was, “This is not a local issue it is a national issue!”
I will let you make up your mind what will transpire from now until the next hearing date and will give updates as I get them.