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VOLUME XCV — NUMBER II
Georgic'High Court Affirms Trion Zoning Decision
By TOM KIRWAN
The Georgia Supreme
Court has upheld a
Superior Court decision
favoring the Town of
Trion in a rezoning case
heard last year.
The suit was filed in
Chattooga County
Superior Court late in
1978 after Summerville
attorney Jerry
Westbrook's application
to rezone a Trion lot he
owns from residential to
commercial use was
denied by the town's
board of adjustment,
following the recommen
dation of the town's plan
ning commission.
Westbrook's attorney
and law-partner, Carlton
Vines, appealed the deci
sion to the town's mayor
and council, sitting as the
town's board of zoning
appeals. That panel
theld the decision not to
allow the property to be
rezoned for commercial
use.
Westbrook's Superior
Court civil suit which
followed sought to require
the Town to rezone the
property (located across
Neglig
Allegations of negligence
contained in a civil lawsuit
seeking an SB,OOO award
against the City of Summer
ville have been flatly denied in
an answer to the action.
The suit stems from a Feb.
4, 1979 accident in which Col
umbus Powell, 49, of State
Street was struck by a patrol
car driven by Officer Houston
London, a ?atrolman with the
Sémmerville Police Depart
ment. In all, the answer to the
suit put forth 15 defenses
countering the allegations of
negligence.
Rome attorney J. Clinton
Sumner Jr., representing the
City of Summerville, and its
insurance carrier South
Carolina Insurance Co., said
in a formal answer to the
lawsuit that the City denies
all charge of negligence.
In the answer, the City ad
mits that Powell was struck
by a police car operated by Of
ficer London. However, the
answer states, the ‘‘sole prox
imate cause of any injuries or
damages to Powell’’ was the
result of a legal accident, and
was caused by Powell himself.
The claim of Powell is bar
red by the Georgia Motor
Vehicle Accident Reparations
Act, said the answer.
According to the accident
report filed by the Georgia
State Patrol, Officer London
was backin%l u;l) Seventh
Street with the blue light in
operation at the time of the in
cident (around 9:13 p.m.). He
was backing in the westbound
lane because the eastbound
lane was blocked due to a traf
fic accident Officer London
had been assisting with, said
the report. Powell was walk
ing or either stepped from the
shoulder into the westbound
lane, the report said, and was
struck by tge patrol car.
Menlo Awarded
$12.000 Grant
A state grant for $12,000
has been awarded to the City
of Menlo, according to Rep.
John Crawford.
The grant, which must be
matched equally with City
funds, will go toward the cost
of digging a city well and
related expenses, Ke said.
The grant was awarded
through the Georgia Depart
ment of Natural Resources, he
said.
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The Summeruille News
the street from Riegel
Textile Corp. on old U. S.
Highway 27).
The complaint, in the
words of court
documents, alleged '‘that
the property is not
suitable for residential
use for which it is zoned,
and that the denial of the
application to rezone is in
flictin% serious loss to
him (plaintiff Westbrook)
and is confiscatory, void
and constitutes a taking
of property without just
comgensation in violation
of the state and federal
Constitutions."
Superior Court Judge
Robert Scoggins, follow
ing a hearing last sum
mer, found in favor of the
Town.
The Georgia Supreme
Court, in a unanimous
decision issued earlier
this month, affirmed
Judge Scoggins’ decision.
In the high court's
decision of the case, it
was noted that evidence
in the case established
“that all of that area on
the east side of the
highway where this lot is
located is an old residen
tial neighborhood”' and
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Giant Flag Donated To City
Summerville Mayor Sewell Cash (R) inspects a large
silk flag given to the City by John Fulton (L). The sby
10 flag, which at the time ff‘ew over the aircraft carrier
USS gonstellation. is made of silk. Fulton said his son
Robert of Raleigh, N.C., gave it to his father three or
Senate Hopeful Mattingly
Hits Current U.S. Fiscal,
Foreign Affairs Policies
Mack Mattingly, the south
Georgia businessman who
?lans to announce next week
or the Republican race
against Georgia Senator Her
man Talmadge, told the local
Rotary Club last week in
Trion the country’s foreign
and economic policies ‘‘are
wrong and mustg)e changed if
America is to continue a
strong and free nation.”
Recent events, he said,
mandate a change in those
areas.
“Instead of a strong and
wrposeful foreign policy,
ashington has pursued
what I call barndoor foreign
policy,” he said.”’ It is a policy
of always slamming the barn
door after the horse is out. Or
in most cases, after the Rus
sian bear is out.”
In Iran, he said, “we have
stood by for over two months
with our people in the hands
of terrotists— not
‘students’— allowing the
Ayatolla Khomeini to bfilff us.
With the bloddy invasion of
Afghanistan, the Soviet
Union has now stepped openly
and arrogantly into the pic
ture.” The result, he said‘.) is
that the rest of the world
views the United States as a
SUMMERVILLE, CHATTOOGA COUNTY, GEORGIA 30747, THURSDAY, JANUARY 31, 1980
that surrounding proper
ty had not been cganged
from residential zoning
status since the adoption
of Trion's zoning or
dinance in 1962. The deci
sion also observed that
“although the lot is va
cant, a gwelling had been
located thereon for many
years, having burned
some years before the ap-
Eellunl (Westbrook)
ought the property in
1970 with knowledge that
it was zoned residential.”’
The high court gave
little weight to
Westbrook's contention
that other non-residential
uses of property in the
neighborhood should
validate his proposal to
have his lot rezoned.
‘' The appellant
testified to a beauty
parlor being operated
three or four %locks north
of his lot on the same side
of the highway,"”" the high
court decision said, ‘‘but
theére was evidence that a
lady had been operating
this business out of a
small part of her home
when the zoning or
dinance was adopted, and
that she had been permit
“he‘l)eless giant."”
hile supporting Presi
dent Carter’s grain and high
technology embargo to Lie
Soviet Union, he said the ac
tion ‘‘has not gone far
enough.” He calleg for “a
total gran embargo’’ to Russia
and non-participation in the
Moscow glympics.
“Loose, half-hearted con
duct of foreign policy will
quite simply mean an end to
our way of life,” he asserted.
“The American people must
realize that we are in the
befinning states of possible
military action all over the
world if we don’t change our
ways. That means changing
from policies of random fiecx
sions and reactions to move of
our enemies that work at cross
purposes. As a result, he said,
it is necessary for the United
States to: halt all credit to
Russia “‘and deal on a cash
basis only'’; aid the Afghan
rebels; strengthen relation
ships with allies; “‘establish a
presence in the Middle East,
including military bases in
Saudi Arabia, Egypt and
Israel; develop a “mutual
Middle East Security Plan’’;
renegotiate SALT II; and
shore up the national defense
ted to continue so doing
as a nonconforming use.
Adjoining the uppefiunt's
lot to the north, and
across the highway from
Riegel's main entrance, is
a lot on which the house
formerly located had
burned, and which is now
vacant and is used by
Riegel's employees to
park their cars, but is not
a commercial parking lot.
Except for the vacant lots
of the appellant and the
adjoining lot, all of the
property in this area on
the east side of the
highway is occupied by
houses."’
The court decision also
reviewed the lot's close
proximity to Riegel:
“Across the highway is
the property of Riegel
'l‘exLiYe Corp., used %or
employee parking along
that portion fronting the
highway, behind which is
a railroad track and
behind that a warehouse.
Some 35 yards from the
appellant’s lot, northerly
and across the highway,
is the main entrance to
the property of Riegel,
whic% employs some
2,000 persons.”’
four years ago after serving on the ship during the
Vietnam War, Fulton said he Lh()uiht the City could
fiet more use out of the flag than he could. The flaf;
angs in the city council’s meeting room at City Hall.
posture.
l Mattingly’'s talk then
shifted to the country's
‘ economic situation. “For 40
fiears," he said, ‘‘there has
- been a Congressionally
directed slide in the standard
of living of all working
Americans. If America is to
' remain stronfg a world leader,
Congress will have to be forc
ed to change its ways . ..”
| Rather than Congress and
the Administration telling
Americans to tighten their
belts, he said, it's time that
those bureaucracies tighten
their own belts.
He favored:
* A long-term tax cut pro
gram phased in over a number
of years as federal expen
ditures are restrained
* A cap on government
spending
* Savings incentives
» Speeged up and
simplified depreciation
methods for business
* A reduction of capital
gains and taxes and
“inflation-proofing”’ of income
taxes
* Tax credits for research
and development
» Simpfification on the tax
see MATTINGLY, page 10-A
The closeness of the
lot to Riegel figured
heavily in the case. "All
of the testimony em
phasizes,” the high court
decision said, ‘‘the ex
isting heavy vehicular
traffic on tgv highway,
and, in particular, fl’w con
gestion that exists for
three one-hour periods
during each day wgvn the
work shift changes . ..
“This traffic volume is
the basis of the conten
tions of both parties, the
appellant urging that it
renders the property un
suitable for residential
use and the appellees urg
ing that the problem
would be worsened by
commercial use,"” the deci
sion continued.
Witnesses for both
sides, the decision said,
‘‘agree that the
rezoning . . .to commer
cial would increase the
inmount of traffic at the
ot.”
Westbrook had
Ereviously testified he
oped to build a self
service or convenience
store on the lot, and the
high court found that the
see HIGH COURT, page 10-A
Man Hospitalized
Following Wreck
A Lyerly resident remain
ed listed in Floyd Medical
Center Wednesday and
another resident was treated
after a one-car accident near
Chattoogaville Saturday
afternoon.
Hugh Mills, 26, of Route 1
was Lafien to Chattooga Coun
:,ly Hospital following the acci
ent around 3:55 p.m. Satur
day. He was then transferred
to Floyd Medical Center in
Rome, where he was admitted
for further treatment, Grace
Beatrice McDonald, 61, also
of Route 1 was taken to Chat
tooga County Hospital by the
ambulance service after the
accident. She was treated and
released.
According to a Georgia
State Patrol report, P\?%
McDonald, driver of a 1971
Plymouth Duster, was travel
ing south on Georgia
Highway 114, Ms. McDonald
stated she applied brakes to
avoid an oncoming vehicle,
The brakes "grabfied," the
report said, causing Ms.
McDonald to lose control of
her wvehicle. The McDonald
vehicle traveled 196 feet while
out of control, said the report,
hefore striking a large tree,
Following an investigation
by Georgia State Trooper Don
Langston, no charges were
made.
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Object Of Litigation
The Georgia Supreme Court upheld a
Superior Court decision which found
that the Town of Trion had acted proper
Resident Is Honored For
Perfect Sunday School
Attendance-22 Years
Mrs. Annie Ruth Dempsey
of Alpine recently received an
attendance bar recognizing
her 22nd year of attendir
Sunday School at Oak H:fi
United Methodist Church
without missing a Sunday.
Mrs. Dempsey explains,
“Joe Reed (now deceased) was
the Sunday school superinten
dent, and Ke said that we were
going to start something new
with attendance records. At
that time goals were set for
three montlfm, then six, then
nine and then a year for a
small, round pin. 1 nudged
Mrs. Treva Mosley with my
elbow and said, ‘Let’s get us
one (a one-year pin), and we
did.”
Initially Mrs. Dempsey
said her goal was for a year,
however, she soon passed that
mark and was given four
small bars, one for each addi
tional year. She had a total of
five years without missing a
Sun(fit;y.
“l 1 took my pin (which
she’'d placed on a small
necklace cross) and four bars
to show my daddy,” Mrs.
Dempsey says. “‘I told him I
would |}i,ke to try for the
10-year bar. He said that was
asking too much.”
Mrs. Dempsey was able to
meet that goal— then and
double it.
“I never thought I'd reach
Shake-Up Of Personnel Seen
At City Head Start School
By TOM KIRWAN
A bus driver and three aides have resigned
at the Chattooga County Head Start program
on Highland Avenue in Summerville, ungrthe
schuof’s lead teacher and another teacher face
possible dismissal, following a shake-up at the
school last Wednesday morning.
Larry Konrad, executive (firect,or of the
Northwest Georgia Economic Opportunity
Authority in Laf‘ayette which oversees the
local school, said the personnel problems arose
after the KEOA supervisor of lead teachers in
vestigated a parent’s allegation that a bus
;Jriver had spanked her son on a Head Start
Jus.,
The supervisor, Konrad said, said that the
driver hats admitted she spanked the child
“because the child was flinging his belt and
she was afraid he would hit another child or
break a window.”’
The bus driver, Konrad said, resigned from
her duties knowirg that the school must
follow a Department of Health, Education and
Welfare ru{()e which prohibits corporal punish
ment of any kind. Personnel, when hireg at the
school, are required to sign a statement vow
ing not to participate in such punishment,
Konrad said, acknowledging that they will be
dismissed if they do so.
“The bus driver indicated,” Konrad said,
“that if other people in the center were honest,
they would mfmit they used corporal punish
ment or had spanked children.”
The supervisor, Janie Green, who is the
education director over the lead teachers of
each of the Head Start schools in a five-county
area, as a result began individually question
ly in denying a re?]uest to rezone to com
mercial status the residentially-zoned
vacant lot shown above.
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WEARS ATTENDANCE
NECKLACE
Mrs. Annie Ruth Dempsey of
Alpine is shown wearing her
attendance necklace, Mrs.
Dempsey recently added her
22nd year bar to the necklace.
She received the bars for at
tending Sunday school at Oak
Hill United Methodist Church
without missing a Sunday in
22 years.
ing both teachers and aides at the school, he
said.
According to Konrad, two aides admitted
they had spanked children on occasion and
they subsequently resigned. The lead teacher
undyu regular teacher “7latly denied,” Konrad
said, that they had administered spankings at
the school.
But Konrad said that based on sworn
statements of other personnel at the school,
Ms, Green recommended termination of their
employment. Both teachers, who are still
working at the school, will see those recom
mendations reviewed by the school’s Policy
Council, made up of parents and community
representatives, The council's recommenda
tions will be reviewed by Konrad, who will
make a final determination.
Konrad emphasized that ‘“‘no child was
harmed; none of the spankings I'm aware of
were beatings., But Lfiey were the kind of
reprimands that should not have occurred.”
Konrad said he is reviewing the entire
situation at the school and that it "is a com
plicated situation; we're in the process of mak
ing a final determination.”
In a related incident that Wednesday after
noon, the previously-mentioned bus driver has
alleged in a sworn statement before Justice of
the Peace Gene Kellett that the regular
teacher who faces dismissal attacked her on a
school bus, apparently because she blamed the
driver for the investigation and its subseguent
shake-up. The teacher was charged and has
posted bond on a simple assault charge,
records show.
Konrad said the incident prompted another
bus driver, fearing more vio?ence. to resign.
f
PRICE 20c¢
my 22nd year,” says Mrs.
Dempsey. *'Since I've got my
22nd, I'd like to try for 25, if
it's the Lord's will,"”
Over the {iears. Mrs.
l)emgsey says, there was only
one Sunday when she didn’t
feel like going.
“l got up, got ready ‘and
sat down,”” Mrs. Dempsey ex-
Ylains. “1 said I didn't think
'd go that Sunday morning,
When it was time to leave my
husband said he'd drive me
there if I didn't feel like driv
ing myself. 1 told him no,tfot
up and went to Sunday
school.”
During the 22 years, Mrs,
Dempsey's husband
Gladstone Dempsej', and her
i)urents. William Jessie and
Jora Roberts O'Bryant
Lawson, have died.
“When my mother died,
she was buried on Sunday,”
Mrs. Dempsey explains. ‘'l
got up that morning and went
to Sunday school. 1 stayed
long enough to be counted,
about 15-20 minutes, and I
went home.”’
Mrs. Dempsey recalls that
even during the period when
her husband was in Redmond
Park Hospital in Rome due to
a heart attack she still
faithfully attended Sunday
school.
“Some of the children
see RESIDENT, page 10-A