S. J. "Jack" Dunavant, defendant in a $27 million
lawsuit brought in March by farmer Leo Hinson, has filed a motion
for dismissal through his attorney, David S. Bailey.
According to Hinson's lawsuit, Dunavant, chairman of Southside
Concerned Citizens, unlawfully forwarded documentation of Hinson's
criminal record to the Halifax County Board of Supervisors in
August 1999.
Hinson's lawsuit alleges that this was done with the cooperation
of a "law enforcement officer."
The board voted at its August 30, 1999, meeting on setbacks to
be applied to confined animal facilities in Halifax County.
The suit alleges that Dunavant's actions effectively prevented
Hinson from operating a confined animal feeding operation in the
county.
The grounds for dismissal are contained in a "Demurrer
and Memorandum in Support," filed by Bailey late last week.
According to the filing, the statute under which Hinson brought
his lawsuit requires a conspiracy of two or more persons.
Hinson failed to name any real person in his lawsuit other than
Dunavant, according to the filing. The only reference is to a
"law enforcement officer."
"A 'law enforcement officer' is a profession, not a person,"
the motion continues. "The Virginia conspiracy statute asserted
in this case specifically, by its plain language, requires an
allegation of conspiracy between two or more 'persons,' as a minimum
element of any claim."
The filing continues by stating that Hinson's cause of action
"is absolutely barred, as a matter of law, by defendant's
[Dunavant's] First Amendment right to petition the government
under the U.S. Constitution."
Finally, the filing alleges that the plaintiff [Hinson] "failed
to allege or state facts for specific interference with either
the plaintiff's business or plaintiff's contracts with Carroll['s]
Food, an essential element of Va. Code....
"[The] plaintiff has failed to allege a cause of action or facts to support a violation of Va. Code... in that such statute(s) require an allegation of an improper disclosure of criminal records held by the Commonwealth of Virginia, and the allegation does not allege a disclosure of Virginia criminal records."
Disposal of surplus sheriff's cars and the county's general
properties department's need for a radio system are expected to
make their third appearance before supervisors tonight.
The board will meet at 7 p.m. in the conference room at the Mary
Bethune Complex in Halifax.
Following a joint car committee and building and grounds committee
meeting last week, the car committee's support is for public auction
of the sheriff's department's surplus vehicles and for addressing
the disposal of surplus cars in the future on "a case by
case" basis.
Surplus cars and the need for a communications system for general
properties' personnel were described as "separate issues"
by Halifax County Assistant Administrator Jerry Lovelace at the
Thursday night meeting.
The issues had been somewhat tangled due to a Town of Halifax
request, as well as a town offer.
The town wanted to purchase three surplus sheriff's cars from
the county.
The town also agreed to a price to let the county use the town's
new radio tower for the general properties department's communication's
system.
The committees ultimately separated the issues Thursday, with
supervisors R.E. "Dickie" Abbott and Lottie Nunn opting
for public auction of the surplus sheriff's cars.
"I am not going to sit down here and raise your (county)
taxes and give stuff away," said Abbott of a proposal to
sell several cars to the town rather than selling them at public
auction.
Abbott told committee members that he remembered a wrecked car
selling for a handsome price at a prior auction.
"I do not want to be unfair to another agency," explained
Nunn, in supporting a public auction.
On the radio issue, Supervisor R.E. "Dickie" Abbott
told committee members that he thought that cell telephones could
accommodate the need of the general properties' personnel.
Supervisor David Martin noted that there are places in Halifax
County that a cell telephone does not reach but that a radio does.
Following a staff report on the projected cost to install a radio
tower, and also for costs to tap commercial vendors' products
for communication needs, the staff recommended working with the
Town of Halifax.
Lovelace described working with the town as the best communications
at the least cost.
Supervisor James E. Edmunds II proposed cooperation with the town,
entering into a memorandum of understanding with the town for
a 10-year period, paying a one-time fee of $3,000 to use the town
radio tower and using existing county radios. If additional radios
are needed in the future, he proposed seeking the radios at the
lowest bid.
The two issues will be before the full Board of Supervisors during
tonight's session.
Public Hearings
Two public hearings are scheduled before supervisors at 8 p.m.
tonight.
One hearing addresses the Halifax County Continuing Education
Center's expansion project in South Boston.
Supervisors are seeking public input on the proposed Community
Development Block Grant (CDBG) application to be submitted to
the Virginia Department of Housing and Community Development on
the CEC project.
The second public hearing scheduled addresses the rezoning
application filed by Paul E. Tucker to rezone one acre from M-2,
general industrial, to A-1, agricultural.
Following a March 28 public hearing, the Halifax County Planning
Commission unanimously recommended the proposed rezoning application
to the Board of Supervisors.
The one-acre site is located on the south side of Route 639, about
one-fourth of a mile west of Route 640.
Supervisors will enter into a closed meeting following the board
meeting to discuss applications for the position of county administrator.
Dan Sleeper left the administrator's post here on March 1 to begin
his duties as county administrator for Pittsylvania County.
The town of South Boston will hold its monthly council committee
work session tonight at 5:45 p.m. in the conference room at town
hall.
Items on the current issues committee agenda include:
· Plans for a proposed new subdivision (Greenstone);
· Proposed amendments to the Town code relating to fire
prevention and carrying a concealed weapon;
· Requests from the school system for special use permits
to expand the bus maintenance facility and the concession stand
at Tuck Dillard Stadium;
· Proposed county boundary expansion to include the Repokis
property at Love Shop;
· Proposed town contract for a joint venture with the town,
Dixie, Inc., and Reuse Technologies to develop land in Houghton
Industrial Park for improved parks and recreation use.
The finance committee will present the town's monthly financial
statement and the first draft of the proposed 2000-2001 budget.
Drug Narcotics Investigator James W. Binner has been promoted
to captain with the South Boston Police Department.
He will serve as deputy chief and second in command in the police
department.
"I am pleased that Captain Binner will be joining the management
team, and I am looking forward to working with him in the future,"
said South Boston Police Chief Jim Hall in making the announcement.
Binner began his employment as a patrol officer with the South
Boston Police Department in 1993. He graduated from the Central
Virginia Criminal Justice Training Academy the same year.
In 1996, he was assigned to the Regional Narcotics Task Force.
He has completed training in supervision and management of drug
investigations and is a Virginia Certified Breath Alcohol Operator.
Deputy Chief Binner has a background in training and tactical
operations.
He was selected from a number of candidates examined through an
extensive process, according to Chief Hall.
In 1996, he was selected by his peers as Outstanding Officer of
the Year. He received the Mayor's Award as Outstanding Employee
of the Year in 1998.
Captain Binner is a graduate of Hanover Park High School in East
Hanover, New Jersey. He attended Elon College in North Carolina.
He resides in South Boston with his wife and family.
U.S. Congressman Virgil Goode, a former Democrat turned independent,
is being asked by the 5th District Democratic Committee to pay
back campaign funds received by the Goode for Congress Committee
prior to Jan. 24, 2000.
Fifth District Democratic Committee chairman Carl Eggleston issued
the call for a return of the funds following a district meeting
last week.
Attempts to reach Congressman Goode over the weekend were unsuccessful.
Goode was nominated in the congressional race by the 5th District
Democratic Convention in 1996 and in 1998, and was elected in
both races.
Early this year, Goode announced he was leaving the Democratic
Party, and, near the end of January, he joined the Republican
Party caucus.
As an independent, Goode recently announced his support of George
W. Bush, the Republican candidate for president, and for George
Allen, a GOP candidate seeking a U.S. Senate seat.
By JESSICA FARGEN
Associated Press Writer
OMAHA, Neb. (AP) - While large hog farms don't hurt local economies,
they may be related to higher property taxes and shrinking
populations, University of Nebraska researchers say.
A six-state survey found that retail sales remained competitive, per-capita
incomes increased and poverty decreased more rapidly in those
counties with large hog farms. However, the study also found that
populations dropped and property taxes were higher in those counties.
''It's a mixed picture,'' said John Allen, a sociologist with the
NU Institute of Agriculture and Natural Resources who supervised
the study. ''There were a lot of myths going around that if
you had a hog confinement facility, it was either going to add to
the local economy or it was going to destroy the local economy.''
The researchers explored the effects of pork production in 36 counties
in Iowa, Nebraska, Colorado, Indiana, Missouri and North Carolina
from 1977 to 1992. Counties with stable pork production were
compared with counties with expanded production. Large-scale operations
were those with 1,000 head or more.
The researchers found that the number of large-scale operations is
growing, while farms with fewer than 500 head are becoming scarcer.
They also found that as hog inventories rose, the number of farm jobs
lost in a county fell at a slower rate in those counties with large-scale
hog operations.
''I can tell you now what the county trends are, but I can't tell you what it does to each individual community,'' Allen said. ''That's the next question that needs to be addressed.''
Halifax County High School's varsity baseball team continues
to win - and win big.
The Comets rang up a pair of shutouts here Saturday with 10-0
and 11-0 wins over the Group A Brentsville District High School
Tigers from Prince William County in games that ended prematurely
as the result of a slaughter rule.
Saturday's pair of victories marked the fourth time in the first
five games that the Comets have scored in double digits.
With the pair of wins, the Comets ran their early season win streak
to five games in a row.
That gives first-year Comets coach Kelvin Davis the distinction
of having one of the few Comets teams over the years to get off
to a 5-0 start.
"Winning like we're doing right now is going to help us when
we get into district play," said Davis, noting that his team's
Western District opener looms ahead Friday against E.C. Glass
in Lynchburg.
"The momentum will be there. Momentum is big."
The Comets put all of the pieces together in handing the Brentsville
District Tigers out of the Group A Bull Run District what were
their third and fourth consecutive losses.
Michael Priest and Todd Meadows gave Davis solid performances
on the mound.
Priest fanned five batters and allowed only two hits in the first
game. Meadows struck out five batters in the second game and allowed
just one hit.
Neither pitcher allowed a walk.
"Pitching has been my main concern," Davis said.
"I thought Mike and Todd did a super job. Both of them looked
sharp. They kept the ball down and their changeup and curve balls
were working."
Halifax County also did the job with the bats, picking up six
hits in the first game and eight in the second game.
Meadows was one of the key figures with the bat for the Comets.
He was two for two in the first game including a first inning
grand slam homer that staked the Comets to a 4-0 lead that they
never relinquished.
In the second game, Meadows helped his own cause with a one for
two outing that included a two RBI double in the first inning
that gave the Comets a 2-0 first inning lead that they never gave
up. He finished with three RBIs in the game.
"Todd needed a good day and he had it," Davis pointed
out.
"He had a grand slam homer and six RBI's in the first game.
He really went up and did what he had to do with the bat."
R.D. Cole was two for two with two RBIs in the first game and
the Comets got a hit each from Matt Hastings and Chad Compton.
The Comets got a two for three effort from Scott Adams who drove
in three runs in the second game and a two for three effort from
Brian Medley who drove in two runs.
Chris Brewer, Jonathan Wallace and Adam Conner each chipped in
a hit for the Comets in the second game.
"We got runners in scoring position and we did what I
have been worrying about the last couple of weeks - manufacturing
runs."
The Comets defense was also solid, committing only one relatively
harmless error in each game.
"Every single day, I don't care if it is in practice or game
situation, I stress being mentally prepared," Davis explained.
"It is very important to be mentally focused on both offense
and defense."
Halifax grabbed a quick 4-0 lead in the opening game when Meadows
hit a grand slam, scoring Nick Thompson, Hastings, and Medley,
all of whom had walked earlier in the inning to load the bases.
The Comets plated two more runs in the fourth inning when Meadows
started the inning with a base hit and Compton walked to put two
runners on the sacks with nobody out.
A double by Cole scored Meadows and a sacrifice fly by Milam scored
Compton to give the Comets a 6-0 lead.
Halifax added three more runs in the fourth inning when Hastings
reached base on an error and scored when Medley reached base on
an error. Cole followed with a double that plated two runs and
ran Halifax County's lead to 9-0.
The Comets scored the final run in the fifth inning when Thompson
walked and scored on a Brentsville error that occurred when Hastings
came up with a base hit to center field.
In the second game, Meadows' two RBI double in the first inning
staked the Comets to a 2-0 lead.
The Comets added another pair of runs in the third inning when
David Greene walked and scored on a hit by Adams to make the score
3-0. Adams scored later in the inning when Meadow hit into a fielder's
choice to drive the Comets' lead to 4-0.
Halifax County erupted for seven runs in the fourth inning to
put the contest away.
Justin Smith, Conner, and Greene walked to load the sacks. Adams
doubled and drove in two runs to put the Comets up 6-0.
Brewer walked and Medley followed with a two RBI hit that spiked
the Comets lead to 8-0.
The Comets added three more runs before the inning ended with
a hit by Wallace and a run scoring hit by Conner in his second
trip to the plate in the inning being big plays.
Halifax County will return to action Tuesday when it travels to
Roanoke to face Patrick Henry in A 5 P.M. contest.
The Comets beat Patrick Henry 14-0 here earlier this season.
The Halifax County High School varsity girls softball team
swept three games in a row, downing Person High Thursday and sweeping
Dinwiddie Friday in a doubleheader.
Halifax County opened its three-game sweep with a 9-2 win here
Thursday over Person High.
And, Friday, the Comets downed Dinwiddie 10-1 in the first game
and blasted Dinwiddie 18-1 in the nightcap.
The trio of wins hiked the Comets record to 4-1 on the season.
"We hit the ball better," Saunders said of the key to
the pair of Friday night wins over Dinwiddie.
"It took a little while to get going but when we got going
we hit the ball pretty well."
"We had some good hits and did a good job of advancing the
runners and getting them into scoring position," continued
Saunders.
"We got a lot of girls some playing time. Our pitchers did
a great job. And, the defense was good. We moved a lot of people
around and they did a good job. Versatility was the key word."
The Comets had only five hits in the opening game, one each from
Shonda Welch, Brandi Conner, Shannon Torian, Joni Foster and Rhiannon
Crews.
But, they got help from five Dinwiddie errors and four walks given
up by the Dinwiddie pitching staff.
In the second game, the Comets pounded Dinwiddie with 15 hits
with Anna Lewis and Branda Best getting three hits each and Welch
and Jenny Armistead both chipping in a pair of hits each to lead
the attack.
The Comets also got solid pitching from Welch who allowed only
four hits and five walks while fanning four batters in the opening
game.
And, Shannon Torian was also impressive in the nightcap, giving
up only four hits and striking out four batters in victory.
As far as the Comets' defense was concerned, it was a near sterling
performance as the defense gave up only one error in the two games.
Halifax got its first run in the first inning in the opening game
when Conner reached base on a hit, stole second and scored when
Lindsey Stolzenthaler grounded out to the shortstop.
Dinwiddie took advantage of an early inning walk in the third
inning to score a run and tie the game at 1-1.
But, the Comets broke the game open in their half of the third
inning with a nine run inning that started with a triple by Welch.
Three walks, four Dinwiddie errors, and run scoring hits by Foster
and Crews all contributed to the big inning that put the Comets
up 10-1.'
Dinwiddie came up with three hits in the fourth inning but was
unable to score.
And, the Lady Generals came up with a hit in the top of the fifth
inning but didn't score.
The Comets jumped on Dinwiddie hard at the start of the nightcap,
scoring six runs in the first inning to take a 6-0 lead.
Welch started the inning with a hit and Conner reached base on
a bunt when the Dinwiddie pitcher committed an error.
Stolzenthaler walked and Welch scored on a wild pitch.
Bunt hits by Best and Armistead scored runs for the Comets and
Lewis had a two RBI hit and a run scored when Crews flied out.
Halifax County added two runs in the third inning when Armistead
reached base on an error and Lewis reached base on a bunt single.
Armistead scored on a sacrifice by Amberly Moon and Lewis scored
when Torian flied out to center field.
Dinwiddie pieced together three hits in the top of the fourth
inning to score a run to make it an 8-1 score.
But, the Comets rallied for 10 runs in the bottom of the fourth,
taking advantage of three errors and six hits including a two
RBI triple by Best and run scoring hits by Lewis, Foster, Jessica
Shortt, Stolzenthaler and Armistead.
The contest was halted at the end of the fourth inning as a result
of a slaughter rule.
Halifax County started its busy weekend with a 9-2 win Thursday
over Person High.
Lewis, the Comets' hurler in that contest. held Person to just
two hits and allowed only one walk. She struck out four batters.
The Comets also did a good job offensively, coming up with eight
hits with Stolzenthaler's two hits leading the way.
Halifax County also came up with hits from Conner, Melanie Hoskins,
Welch, Armistead, Nicole Davis, and Best.
"We made better contact than we did when we played Heritage,"
Saunders noted in reference to the Comets' preceding game.
"We executed some bunts at the right times and we capitalized
on some errors Person made in the fourth inning."
Halifax County took the lead in the bottom of the second inning
when Stolzenthaler reached base on an error and Davis came through
with a bunt single to advance her.
A sacrifice fly by Shortt plated Stolzenthaler to put the Comets
up 1-0.
In the bottom of the fourth inning, the Comets used three Person
High errors, two walks, and a run scoring hit by Hoskins to score
five times and take a 6-0 lead.
Person capitalized on three Comets errors and a pair of base hits
to score twice in the top of the fifth inning and make it a 6-2
game.
Halifax County added two runs in the bottom of the fifth inning
with the help of a run scoring double by Best and a Person error
to run the lead to 8-2.
The Comets scored again in the bottom of the sixth inning to go
up 9-2 when Lewis reached base on an error and scored when Stolzenthaler
grounded out to first base.
Halifax County's varsity girls softball team has a busy week ahead
with a game here today against Heritage kicking off the action.
On Wednesday, the Comets will travel to Roanoke to play Patrick
Henry.
And, Friday, the Comets will go to Lynchburg to face E.C. Glass
in their Western District opener.
Willie Henry Garber, 77, of 5240 L.P. Bailey Memorial Hwy.,
Halifax, died March 30, 2000 at Halifax Regional Hospital.
Mr. Garber was born in Halifax County on September 15, 1922, the
son of James Milton and Maude Wilkerson Garber. He was married
to Bertha Rutledge Garber. He was a member of the First Baptist
Church of Millstone where he was a deacon and was a World War
II veteran.
His survivors include his wife; two sons: Dr. Darrell Garber of
Fort Thomas, Ky., Phillip Garber of Charlottesville; four brothers:
Stuart Garber of Berkley Springs, W.Va., Garland Lee and Bobby
Garber of Halifax, Norman Garber of South Boston; two sisters:
Alice Rozylia King of Swansboro, N.C., Mary Lou Mills of Nathalie;
and two step-children: Mary Ann Satterfield of Halifax and Warren
Rutledge of Red Oak.
A funeral service was held Sunday, April 2 at First Baptist Church of Millstone with the Rev. Bob Watts and Rev. Richard Welch officiating. Burial took place in the church cemetery.
Bernard E. Watlington, 64, of 3815 Valerie NE, Albuquerque,
N.M., died March 30, 2000.
Mr. Watlington was born in South Boston on July 5, 1935, the son
of Junius Adelbert Sr. and Carrie Ratliff Watlington. He was married
to Barbara Jean (Bobbie) Watlington. He served in the U.S. Air
Force for 22 years and worked for Northrop Grumman as an engineer.
His survivors include his wife; five children: Sherry Sly and
husband Leonard, Kimberly Menegus and husband Ray, Trish Wall-Watlington,
Jay Watlington and wife Debbie, Neal Watlington and wife Swarupa;
eight grandchildren; his mother of South Boston; brother, Tom
Watlington and wife Linda of South Boston and sister, Jean Webb
and husband Henry of Hopewell.
A graveside service will be held Wednesday, April 5 at 11 a.m.
at Grace Baptist Church Cemetery with military rites. The Rev.
Doug Martin will officiate.
The family will receive friends at Powell Funeral Home Tuesday
from 7-8:30 p.m. and other times at the home of his mother.
In lieu of flowers, contributions may be made tot he Halifax County
Cancer Association or a charity of your choice.
Louise Crews West, 91, of 3002 West Store Road, Nathalie, died
Saturday, April 1, 2000 at Halifax Regional Hospital.
Mrs. West was born in Halifax County on July 20, 1908, the daughter
of Burmah D. and Ola Puckett Crews. She was married to Herman
Allen West and was a member of the Hunting Creek Baptist Church
and a charter member of the Staunton River Garden Club.
Her survivors include a daughter: Sylvia W. Riddle of Halifax;
son: Thomas E. West of Nathalie; three granddaughters: Debbie
Shotwell and Ginger Owen of South Boston, Jane Reeves of Wake
Forest, N.C.; grandson: Bill Riddle of Concord, N.C.; six great-grandchildren;
three sisters: Edith Canada of Clover, Catherine Parker of Bedford
and Cynthia Kendrick of Nathalie.
A funeral service will be held Tuesday, April 4 at 2 p.m. at Hunting
Creek Baptist Church with the Rev. Lee Roy Davis officiating.
Burial will take place in the church cemetery.
The family will receive friends at Powell Funeral Home tonight
from 7-8:30 p.m.
Patrick DeVaughn Waller, formerly of Nathalie, of Washington,
D.C., died March 28, 2000 in District Heights, Md.
His survivors include his parents, Mell L. and John W. McRae;
two brothers: Anthony Waller and John McRae; sister: Yolanda McRae
and grandmother: Helen McRae, all of Washington, D.C.
A funeral service will be held Tuesday, April 4 at 2 p.m. at the
Sunflower Baptist Church, Nathalie with the Rev. Robert Tucker
officiating. Burial will follow in the church cemetery.
The body will lie-in-sate one hour prior to the service.