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Monday, July 14, 2008 7:44 AM
 E-mail to a friend
By Jessie Burchette
jburchette@salisburypost.com
CHINA GROVE — An attorney representing the town's Zoning Board of Adjustments claims the town's records are in error and that three board members are legal.
Last month, town officials said three members of the Zoning Board — Chairwoman Lois Elliott, Vice Chairman Harry Mills and Don Wagner — were never reappointed and are not valid members.
Salisbury attorney Andy Abramson sent a letter last week to the town, contending that even if Elliott, Mills and Wagner were not reappointed, they are "de facto" members because no one has been appointed to replace them. Abramson wrote that under state law, their status remains in effect until new members are duly appointed.
Abramson contends that regardless of the status of the three board members, the Zoning Board's October 2007 decision to revoke the home-occupation permit of Steve Stroud is legally binding.
Stroud, a former alderman, has filed a legal action against the town and the Zoning Board, challenging the decision.
Elliott filed the complaint with the Zoning Board, claiming that Stroud's safe-and-lock business was illegally operating in a residential area and that the noise bothered her. Several of Stroud's neighbors testified that there was little or no noise.
Stroud has contended that the action was political and personal. Over the past several years, Stroud has clashed with former Alderman Troy Elliott, husband of Lois Elliott.
Initially scheduled to be heard in Rowan County Superior Court later his month, the appeal of the Zoning Board action has been delayed until September.
Earlier this year, the Board of Aldermen agreed to hire Abramson to represent the Zoning Board in the Stroud case.
In his letter, Abramson cited the "collateral attack from the town" related to Stroud's challenge.
Abramson wrote that he has interviewed people who were at the Dec. 5, 2006 meeting and that they are unanimous that the board reappointed Wagner, Elliott and Mills, and that the minutes are incorrect.
He also cited a roster of the Zoning Board members prepared by former Town Planner Lindsay Hobbs, which included the three members in question.
Abramson suggest that the "most streamlined remedy" would be to correct the minutes of the Dec. 5 meeting and show the appointments.
"The China Grove ZBA is presently considering its other legal options should the town council choose not to voluntarily correct the Dec. 5, 2006 minutes," wrote Abramson.
Town Manager Bill Pless said he is proceeding with the town board's instructions to look at merging the Zoning Board into the town Planning Board.
The Board of Aldermen will likely consider the future of the Zoning Board at its August 5 meeting.
Town Attorney Tom Brooke is reviewing the letter from Abramson.
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Has taxpayer money been wasted on this crap? : Wednesday, July 16, 2008 5:26 PM
I sure hope the taxes I am required to pay hasn't been wasted on this crap!!!! Has it? Someone please advise if you know the answer.
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Ann Campbell
Noise? Let me tell you were I live... : Wednesday, July 16, 2008 4:03 AM
Unbearable noise from the Stroud's? People,please!!!I live on Hwy 152 beside The Kangaroo and Whitley's Auto Sales and you don't hear me complaining about noise. I know where Steve Stroud lives because I made it a point to ride by there when this ruckus started and all I could do was laugh!!!!What a shame so much emphasis has been wasted on something so petty.
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concerned citizen : Tuesday, July 15, 2008 7:48 PM
the elliots are against strouds business and a elliot is on the board to revoke his business privelege, sounds like a conflict of interest to me!!!! troy idiot needs to mind his own business..
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Time to go : Tuesday, July 15, 2008 6:11 PM
This has gotten so out of hand. The town of China Grove knows that the ZBA is nothing more then the puppet board for Lois Elliot. They have done nothing in the past 5 years except carry out her and troys personal grudge against a respected business man. The Elloits may have done some good things in the past but it is time for them to move to an home more suited for their age. I sat in the so called hearing and watched as Lois sat in the back and directed the board. Its a shame that Mr. Strouds neighbors have no complaints but the Troy and Lois do. I hope that our town board will continue to show integrety (at least 4 of them) and put an end to this.
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Common Sense (no, not that one)
History of the problem.... : Tuesday, July 15, 2008 9:39 AM
The Elliots didn't like Steve Stroud when he was the Chief of Police over 20 years ago. The constant bickering will continue until one or the other departs from China Grove. In the past study, the other neighbors have already stated that they had no issue with the business. Sounds to me like the majority of the neighbors should mean something. The history of the Town of China Grove has many chapters, many of which are comical, some dramatic, and others sad. This is the Hatfield/McCoy chapter. If Mr. Stroud was running a factory, I would understand the zoning issue. But Mr. Stroud owns his property, and from my understanding, most of his work is off site, and therefore shouldn't be affected by any zoning laws. China Grove could build a wall around Mr. Elliot's property, and let Mr. Elliot have his own kingdom, and then he could make his own laws, be the king, and maybe someday live at peace with the surrounding countries. Maybe Mr. Stroud could give him a discount on locks for the kingdom.
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China Grooving!
Elliotts had the courage to speak up : Tuesday, July 15, 2008 6:49 AM
The Elliotts were among the few in China Grove who actually had the courage to speak up when others were afraid to do so. They have mustered a majority at the polls, obviously, so they have convinced someone that the agenda they hold is shared by those who care about the town. It seems like in this county when someone has had the courage to stand up and say "NO" to liberal bilge, they've been lambasted by Ralph Walton and other wanna-be's. Now they get lambasted by anonymous bloggers instead. We will just have to see who can get more people to the polls in November, and again next November in the municipal elections.
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: Monday, July 14, 2008 8:37 PM
it sounds like a bunch of kids fighting over the same toy!grow up..
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: Monday, July 14, 2008 1:35 PM
The only good thing they can do for the Town is start trouble. So yeah some great people. I have not one time heard anything good come from them. They never have anything good to say unless its an idea they have worked up. I hear more people who say they dont like them than does. So to me that says alot. So to the person who wrote they are good people, you might be right. They might be good people to you but not to most on China Grove. If you will look back 99.9% of things that come from them is negative. Always worried about what someone else is doing and if they dont like it then they start this kind of crap.
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The Elliotts are good people : Monday, July 14, 2008 1:07 PM
The Elliotts are pillars of the China Grove community. The town is blessed to have such civic-minded citizens at the helm. They are irreplaceable, and the town would suffer at their departure. Please don't harsh them like this. They're good people!
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Atttorney challenges board : Monday, July 14, 2008 12:31 PM
There is no doubt in any ones mind that the "noise" generated by some one so badly thast they had to lose their way of making a living was to say it genteely BS. It was terrible. I can not imagine why any person would want to hurt another person so badly, andf use such pettiness to do so. Mr. Mills and the attorneys, regardless of personal thoughts or opinions seemed to try extremely hard to conduct the hearing fairly and according to the rules. Yet, there was no doubt that this is personal vindictiveness and a way to manipulate city laws to do it, and it is disgraceful no matter who is responsible for it. It has put the city and the man whose business is in question in financial straits for no reason. The question of whether China Grove has a board is according to the directives in the UDO adopted by China Grove. It should be in their cut and dry, who governs what actions for the city, if not, China Grove has yet again voted for something they do not even know what they voted to pass. I heard soome of the board of adjusters say they did not know the UDO was passed, when, etc? They are supposed to know or have city ordinances in front of them for decisions and were not even aware it was now law in China Grove. what were they accting on if not laws and ordinances?
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: Monday, July 14, 2008 11:57 AM
Troy Idiot and his wife are at it again. Small minds controlling a town. China Grove needs to stand up against these people and the others that keep small mindedness flourishing. M. Corriher is another one that needs to just go away.
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: Monday, July 14, 2008 10:25 AM
AMEN! I second that comment from the first person's response!
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: Monday, July 14, 2008 8:25 AM
Why is it when something comes up in China Grove the name Elliott is somewhere in the problem. Why don't they pack up and move since they are never happy with anything. Just like with Stroud having a safe and lock business?? How much noise can that be? I mean come on, what right does anyone have to say a man can't do this or that on his own land? To me Elliot is a big embarrassment to the town of China Grove.
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