The coastland times with which is combined the pilot and herald of Belhaven and Swan Quarter., 1962-07-27
COURT PROMISES DECISION
FRIDAY ON MOVE TO BLOCK
CLOSING OF BUXTON INLET
Judge Larkins Signs Order Directing Army
District Engineer to Appear and Show
Cause Why Temporary Injunction Should
Not Be Issued; Merits and Dement'S of
Case Argued During Lengthy Hearing

Action on a plea for an in
junction to prevent the closing
of the new Buxton Inlet on the
Hatteras Banks was promised
Friday at 2:30 pm. by Federal
Judge John D. Larkins after an
hour and half hearing
Wednesday at the Carolinian
Hotel.
Later in the day, Judge Lark
ms signed an order directing the
defendant in the action, Col.
Joseph S. Grygiel, Army Dis
trict Engineer, to appear Friday
and show cause why temporary
restraining order should not be
granted. Attorneys for the
plaintiffs hailed the order as
evidence that the judge recog-
nized at least some merit in
their case.
| Judge Larkins also held in
allegiance a motion to intervene
in the case, made by Russell
Twiford, Manteo attorney. Twi-
ford said he represented 794
signers living on the Hatteras
Banks, including 40 residents of
Avon, who want the inlet closed.
This was the first indication
that a substantial element in
Avon favored the closing of the
inlet. Sentiment generally at the
north end of the banks. is for
keeping it open.
Questions Raised
Questions raised at the
Wednesday hearing involved the
right of the plaintiffs to bring
the injunction action; the ques-
ton whether it should have been
brought against Col. Joseph S.
i Grygiel, Army district engineer
t for this area; and whether, as
) matter of law, the action could
properly be brought in U. s.
District Court.
| Gerald White, one of the law
yers for the plaintiffs, in his
opening statement cited the
location of Avon village on the
extreme west side of Hatteras
Island, making it subject often
to damage from hurricane
winds, flooding the area. He
said some relief was gained
when the waters could spill over
to the ocean, and vice versa.
Survival Issue
Such spillage. White said, was
blocked by sand dunes up to Is
feet high built by the National
Park Service, until the present
Buxton Inlet was cut by the
March Z storm. The community
cannot survive, he contended,
unless there is an outlet for
storm waters such as the inlet
affords.
White asked the issuance of
! restraining order forthwith, to
! prevent loss of life and proper
ty." He said the defendant, Col
onel Grygiel, was charged with
the protection of the lives and
,, holdings of the people, and in
voked the due process of law
clause in the Fifth Amendment
: to assure that he carries out
that duty. He asked temporary
I. restraining order to prevent
closing of the inlet pending a
hearing on the merits of the
case.
In closing, White pointed out
that bids on the closing project
T: were opened last week, and that
:, that the Atkinson Dredging Co.
> of Norfolk was low, at $3.50, 900.
!, Moves to Intervene
d Attorney Twiford then moved
to intervene in the case, citing
l his 794 supporters of the closing
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