"Basically what they're saying is that the suit is frivilous," Halifax attorney W.W. "Ted" Bennett said yesterday.
In response to a suit by Richmond engineer J.J. "Joe" Bahen naming him as defendant, South Boston Town Manager Ted Daniel has filed a petition saying Bahen's suit isn't founded in fact and law, and asking the court to award him the cost of the litigation.
Bahen's suit, filed Aug. 7, is in objection to the 25 mph speed limit on Route 129 in South Boston.
The Richmond engineer contends that when the speed limit was decreased by town council on May 6, 1996, the stretch of roadway wasn't occupied by or 75 percent covered by buildings on road frontage on either side of the road.
"Buildings did not then, and do not now, cover anywhere near 75 percent of the frontage on either side," Bahen contends.
He added that because of that fact, the speed limit was posted without authority in law.
Bahen asks in his suit that the court clearly define a "residence district."
Bahen, who is a civil engineer by profession, has become something of a celebrity following his success in having several illegally posted speed limits changed throughout the state.
He said he was alerted to the problem by a local citizen of Halifax County on June 1.
"My investigation revealed that the 25 mph speed limit north of Hamilton Boulevard had been posted without authority in law, and without the slightest engineering justification whatsoever," he added.
He also contends that the 1996 council did not follow proper procedure in reducing the speed limit.
Bahen said that in order to change the speed limit, a governing body must make an ordinance change based on an engineering and traffic investigation.
"The speed limit on Route 129 was decreased on May 6, 1996, by a city council 'motion,' not an ordinance," Bahen said yesterday.
"The motion was based on a petition signed by 21 citizens, not the required engineering and traffic investigation," he added.
Town Council had voted to conduct an engineering and traffic study, but decided to table the issue pending the outcome of Bahen's litigation.
Daniel's response, filed Thursday by Danville attorney Glenn W. Pulley, claims Bahen's contentions are not enforcable.
"The town is saying that accepting everything the plaintiff claims doesn't amount to a legitimate claim that is enforceable by the court," Bennett explained yesterday.
Pulley writes that "the suit fails to state a claim upon which relief may be granted against the defendant."
The Danville attorney also petitioned the court for a plea in bar.
"That's a second motion to reinforce the demurrer," Bennett said. "It says the court should dismiss (Bahen's) suit and bar them from any further action."
Pulley also contends that "the plaintiff lacks standing to pursue the petition and lacks standing to be awarded the relief sought therein."
Bennett surmised the standing issue was raised because Bahen is neither a resident of the town nor lives on Route 129.
In addition, the Danville attorney also contends Bahen is engaged in the "unauthorized practice of law to the extent that the relief is sought for the benefit of J.J. Bahen Jr., PE, PLCC.
"Wherefore, defendant moves the court for entry of a decree sustaining his demurrer, granting his plea and his motion for summary judgement, and awarding him a reasonable attorney's fee together with costs incurred in this proceeding," Pulley writes in conclusion.

Some Burlington Industries workers were back on the job yesterday morning at the briefly idled Halifax Plant where as many as 20 looms are being put back into service to meet the demands of the textile company's customers.
Production ended in August as part of Burlington's restructuring plan that included slashing an estimated 13,000 jobs in the U.S. and Mexico. The closing or sale of five of its plants included Halifax where approximately 650 persons were employed.
Downsizing at all of Burlington's plants began long before the 79-year-old Greensboro, N.C.-based company filed for Chapter 11 bankruptcy protection last November. It was once the world's largest textile manufacturer.
"We're cranking up some looms," said Lott Rogers, plant manager in Halifax, " to satisfy some customers who are breathing down our back!"
Rogers says that Burlington has been unable to replicate the kind, and quality, of worsted woolen fabric that Halifax weavers are able to produce.
"Everybody in this company (Burlington) is calling for our people. They're that good!" said Rogers.
When the Halifax Plant ended production, all electricity, steam and compressed air was disconnected. Before weaving can resume, all must be reconnected, a process that Rogers said should be completed by Friday.
Once operational, the 20 looms will run "around-the-clock" as each turns out approximately 200 yards of fabric daily.
Before the plant was shut down, Halifax was capable of producing 35 million yards of worsted woolen fabric a year. Burlington's main customer for worsted woolen fabric is the U.S. government which uses it to make military uniforms.
The federal government will only purchase U.S.-produced fabric for use by the military.
"It's not just about weaving" said Rogers who explained how the government imposed such stringent quality standards for the fabric.
The 24 workers who have been called back to Halifax will enjoy the same wages and benefits they had when furloughed according to Rogers.
Production is expected to last through October and into November, according to the plant manager who has been with Burlington for 30 years.
Beyond that, Rogers will make no prediction.
Even Rogers hadn't planned on being employed with Burlington by now, but the job that he was scheduled to have begun week, fell through.
"This is good for me. I've got a job for another two months."
Burlington's demise is taking a toll throughout the community. The Halifax plant generated an estimated $330,000 in taxes to the County of Halifax and approximately $15,000 to the Town of Halifax. Halifax.
Burlington's real estate is assessed at approximately $5.9 million while its machinery and tools carry an assessed value in excess of $24 million.
Halifax stands to lose an estimated $2,500 a year for water that is sold to the plant.
In a Sept. 29 filing with the U.S. Securities and Exchange Commission, Burlington listed $1.18 billion in assets and $1.1 billion in debts, included 24 subsidiaries.
The company's losses have mounted in the past four years. An $80 million profit in 1998 reversed in 1999 to a $31 million loss.

An 18-year-old South Boston woman was sentenced Tuesday in Halifax County Circuit Court to a total of 48 years in prison for six felony convictions in connection with a drive-by shooting last year that claimed the life of Douglas Witcher and wounded bystander Luther Powell.
Judge William L. Wellons sentenced Brandi Michelle Brown to 20 years in prison, with 18 suspended, for the second-degree murder of Witcher, and to three years, with none suspended for the use of a firearm to commit murder.
Wellons also sentenced Brown to five years in prison, with none suspended, for the use of a firearm to commit the malicious wounding of Powell.
The court sentenced Brown to five-year suspended terms for discharging a firearm from a vehicle and for shooting at or against an occupied building, and to a 10-year suspended term for the malicious wounding of Powell.
The court ordered the suspended portions of Brown's sentence be conditioned on her good behavior for 40 years and ordered her to be placed on supervised probation for two years, both following her release from prison.
Brown was one of four people convicted of multiple charges in connection with the driveby shooting, which according to prosecutors, may have partly been in retaliation for an alleged theft of a dog.
James Earl Hodge, his brother, Dave Logan Hodge Jr., as well as Ronald Lynn Lacks II were also convicted of charges in connection with the incident.
· Christopher Shannon Hicks 27, of Lynchburg, was convicted last week of a probation violation.
The court revoked and resuspended all but 90 days of Hicks' previously suspended jail sentence, with credit for time served.
The court authorized work release for Hicks and extended his probation period for one year upon his release.

The Berry Hill mansion/conference center has been sold.
Berry Hill Hotel Associates purchased the property from AXA Berry Hill last week.
Plans for the center are expected to be announced this week, according to sources.
In a deed filed Friday in Halifax Courthouse, George Stansfield, owner, of Rockville, Maryland, and Steven A. Solomon, manager, of Bethesda, Maryland, were listed as principals.
The price was not disclosed on the deed, but the grantor's tax was listed at $6100, which indicates purchase price of $6.1 million.
Court documents also indicate the purchase was partially owner financed.
Berry Hill mansion, built circa 1840 by James Coles Bruce for an estimated $30,000, is listed on both the state and national historic registers.
The mansion has been described as one of the best example of Greek revival architecture in the South.
The late F.E. Watkins of South Hill bought the mansion and surrounding 2,165 acres in 1950.
Appomattox investor Clayton C. Bryant purchased the property on March 25, 1991 from the Watkins' heirs.
Within two months, Bryant sold the mansion and 680 acres to Washington, D.C., attorney Howard H. Stahl for $1.1 million.
In 1997 the property, with was sold to AXA, a global investment firm for $3.1 million.
AXA totally restored the mansion and constructed a state-of-the-art conference center, with building permits and other documents indicating as much as $22 million was spent.
The mansion/conference center and land were assessed at $18.3 million on county tax records last year, according to the treasurer's office.

Halifax County Middle School will have a new coach and something of as new look when it opens its football season here tomorrow afternoon against GW.
Frank Shealy is the new head coach and he is giving the team something of a new look in an attempt to more closely integrate the middle school program with the high school football program.
As part of that effort, Shealy will have the Lions running the same basic wishbone-oriented offensive package that the Halifax County High School jayvee and varsity teams run.
Defensively, Shealy says he is using the same basic coverages for his defensive backs that the high school teams use.
"Our offense is the same as the high school's, just scaled down a little bit," Shealy said.
"We'll do basically the same on defense."
Also, Shealy says that, for the most part, he is looking to start 11 players on offense and 11 different players on defense.
"On certain situational things we may have to have somebody play both sides of the ball," Shealy said.
"But we pretty much have 22 people starting at different positions. And, we may have more starters set for special teams, which will give even more kids an opportunity to start.
"We've got plenty of people playing," he added.
"We've got about 60 players and, during the game, especially with the fifth quarter, we should be able to get most of them some playing time. I think that will help development as they go on to the high school."
More closely aligning the middle school program with the high school program and focusing on having the players to better learn the basic fundamentals of the game are Shealy's primary targets this season.
"James Hodges (the Halifax County High School head football coach) is the one who put me here," Shealy said.
"We have developed a very good relationship. I think getting the two schools closer together is important. They need to be a match.
"Coach Hodges has a plan," added Shealy, "and that plan is to try to get the players to focus on the basic fundamentals.
"With the closeness we have here, getting these players to focus on the basic fundamentals is the key. A lot of people know I coach a lot of different sports and I know they know I want to win and I do.
"But," continued Shealy, "first and foremost, the players are going to learn sportsmanship and they're going to learn how to play. Learning how to play, fundamentally, will give them an opportunity to win. That's all I want to do."
Shealy and the Lions will be out trying to better last season's 5-2 slate and says he and the team will be trying to keep the school's winning tradition alive.
"Those two games they lost last year were very close," Shealy pointed out.
"I know one of the games they lost because of a bad snap. They had a chance to win the other one as well.
"These guys are used to winning," continued Shealy.
"The history here at the Halifax County Middle School has been to have winning records. I'd love to go 8-0 this year but if we teach them the fundamentals like we're focusing on, and we teach them the discipline and the work ethic to learn how to play football, the winning is going to be there. I think we have a team that can win. I think this will be a great year."
This year's Halifax County Middle School team has a good mix of seventh-grade and eighth-grade players, something that Shealy sees as a positive not only for this season, but for seasons to come.
"I think we've got a good mix of younger players and older players so that next year we won't fall into a hole," he pointed out.
As far as things stand at this point, the Lions' offense appears to be a little ahead of the defense.
"I think our total offense is good," said Shealy.
"I think we can do the job. We've got a pile of plays to run this year and the kids are beginning to execute them. We've got a fast running back crew, a strong fullback and a good young quarterback that I think will lead the team to a lot of wins this year."
The Lions' defense is also making progress, Shealy said.
"Coach (Barry) Powell and Coach (W.J.) Long have confidence in the defense that they can stop enough that if we put some points on the board they can hold the other team," Shealy noted.
Offensively, Shealy says he is going to start a newcomer, seventh-grader Rodale Pippin, at quarterback.
"He can throw, has a good voice, and I think he will lead the team," said Shealy.
"I think the team respects him and looks up to him. They probably picked him as quarterback before we (the coaches) did. He's going to be a great asset to us."
Eighth-grader Shawn Anderson may also see some time at quarterback.
"He's not as big as Pippin," Shealy pointed out, " but he's got good speed and a good head on his shoulders as another quarterback we can use."
The Lions' offensive backfield includes eighth-grader Morgan Brown who played basketball for the Lions basketball team last season, at fullback.
"He's a big, powerful guy who loves to hit people," Shealy said of Brown.
At tailback, The Lions will have Michael Barnes and Troy Douglas.
"They have real good speed," said Shealy.
"They're probably the two fastest guys on the team."
Shealy says his offensive will be multifaceted.
"Everything is run off of the wishbone offense but I've got several options I can go to as far as where the pass routes are going, pass patterns, tight ends, flankers and so forth," noted Shealy.
"I'll be moving my backfield around right much and my tight end out to wide receiver and that sort of thing.
"You'll see the middle school passing the ball more this year than you ever have," he added.
Assistant coach Stanley Brandon, who, like Shealy is new to the middle school coaching staff, is working with the offensive line.
"We told him that in years past the big problem we've had is the kids pushing off on the ball and he's really been focusing on that," pointed out Shealy.
Among the players that are expected to see a good amount of playing time up front are seventh-grader Edwin Waller who steps up at 5-10, 240, and is, according to Shealy, "strong as an ox."
Also expected to see time up front are Corey Jackson, who stands over six feet tall and tips the scales at 280 pounds, Andre Wylie, who is over the 200-pound mark on the scales, seventh-grader Shawn Williams at center and tight end Quincy Giggetts.
"We've got a strong line with great speed and good quickness," said Shealy.
"I think we'll be sound offensively."
Shealy pointed out that he is expecting good things from his defense as well.
Long is working with the defensive line and linebackers and appears to have a good group of players from which to fill the starting slots.
"He's been running a pile of different people on the defensive line and we've got a lot to choose from," said Shealy.
As far as linebackers go, Tony Barbour, Lavell Tucker and first-year player Joey Rogers are expected to see good amount of playing time.
Powell is working with the defensive backs and safeties and is trying to mold a solid core group of players for the defensive secondary.
"We've been focusing on trying to find somebody to play the cornerbacks and safety," said Shealy.
" We've got to make sure we've got the speed and size out there that we need."
Lyle Moore, who has played linebacker as well as cornerback, could go at either position, depending upon the need and the situations, Shealy noted.
As far as tomorrow's season-opening game against GW is concerned, Shealy says it will be a tough test for his Lions team.
"They (the Lions) lost to GW last year so we're looking for revenge," said Shealy.
"This will be our first game action. Our scrimmage game last week was canceled. Losing the scrimmage put us a step behind because I wanted to see some "live" game action and see our guys hit somebody else besides their own players. When they come up against another guy that they don't know, it makes all the difference in the world."
"I think GW is going to be ready," added Shealy.
"I think they're going to be fundamentally sound. They're going to be focused."

Dr. Henry Broadus Daniel Jr.

Dr. Henry Broadus Daniel Jr., 69, of Timberville, died August 1 at Rockingham Memorial Hospital.
He was born June 27, 1933, at Danville and was raised in the home of his late grandmother, Sally Green Daniel of Danville.
Mr. Daniel was employed in the supervisory veterinary medical office of the USDA-FSIS-IO. He was a graduate of the Virginia Polytechnic Institute and the University of Georgia School of Veterinary Medicine.
Surviving are his wife, the former Sharon Buchanan; children and spouses, Amy Leigh and Michael Perrier of New Market, Kelley and Owen Lewis of Halifax, Henry and Lydia Daniel of Alton, Charles and Anne Daniel of Newport News, Martin Daniel of Virginia Beach; one brother, Curtis W. Daniel of Castalia, NC; his mother-in-law, Virginia Buchanan of Halifax; and two grandchildren, Layne Daniel Shiflet of Halifax and Lindsey Daniel of Newport News.
The Rev. Bernard Fuska held a memorial service on September 2 at Grandle Funeral Chapel in Broadway.
Those wishing to give memorials are asked to consider the Broadway Rescue Squad, PO Box 666, Broadway, 22815, or the Timberville Fire Dept., PO Box 101, Timberville, 22853.

Tony David Estes Sr.

Tony David 'Rabbit' Estes Sr., 44, of 607 Cedar Avenue, South Boston, died September 2 at Halifax Regional Hospital.
Mr. Estes was born in Halifax County on January 20, 1958, the son of the late Thomas Briggs Estes and Eleanor Cliborne Howerton. He was a member of the South Boston Jaycees and American Legion Post 8. He was employed by Thomas Brothers Body Shop.
Survivors include one son, Tony David 'T.D.' Estes Jr. and his wife, Christina of Chatham; one grandchild, Destiny Estes; a loving companion, Teresa Vaughan of South Boston, and her children, Stephanie Vaughan of Lynchburg, Jonathan and Brian Vaughan, both of South Boston.
Services for Mr. Estes will be held September 5 at 2 p.m. at Brooks Funeral Home Chapel with the Rev. Michael Teixeira officiating. Burial will take place in Halifax Memorial Gardens.
The family will receive friends this evening between 7:00 and 8:30 at Brooks Funeral Home.
Those wishing to give memorials are asked to consider the Halifax County Cancer Association, PO Box 875, South Boston, 24592.

Emmett Clifton Lewis Sr.

Emmett Clifton Lewis Sr., 69, of 8200 Mountain Road, Halifax, died September 3 at Halifax Regional Hospital.
Mr. Lewis was born in Halifax County on April 16, 1933, the son of Errol Linwood Lewis and Virgie Elizabeth Satterfield Lewis and was married to Lissie Mae Newby Lewis. He was a member of Arbor Baptist Church where he was a deacon and head of the building and grounds committee, a member of WOW Lodge 106 in South Boston, a member of AARP, was the building official for the county of Halifax, and was a Korean Conflict Army Veteran.
Survivors include his wife; two sons, E.C. Lewis Jr. and wife, Annette of South Boston and Dane Paige Lewis and wife, Janet of Powhatan; three sisters, Laura Millhiser of South Boston, Marthy Terry of Danville and Betty Jean Loftis of Sutherlin; three brothers, Herman Lewis, Addison Lewis and Aubrey Lewis, all of Halifax; six grandchildren, Emmett Clifton 'Cliff' Lewis III and fiance', Theresa Cash of Richmond, Dana Lewis and fiance', Alan Bates of Chesterfield, Jennifer Paige Lewis of Powhatan, Anna Michelle Lewis, William Bret Lewis and Cody Lee Lewis, all of South Boston. He was preceded in death by two brothers, Warner Lewis and Linwood 'Byrd' Lewis; and one sister, Vernie L. Price.
Services for Mr. Lewis will be held September 5 at 2 p.m. at Arbor Baptist Church with the Revs. Todd Smith, Albert Moser and Tracey Dalton officiating. Burial will take place in the church cemetery.
The family will receive friends this evening at Powell Funeral Home from 7:00 until 9:00, and other times at his home.
Those wishing to give memorials are asked to consider Oak Level Volunteer Fire Department or The Helping Hands of Arbor Baptist Church.