11/30/06

No remedy for neighbors

No regulations against chicken houses

Thursday, November 30, 2006

By Marcie Young
Charlotte Observer Staff Writer

MORGANTON -- Willard Holland grew up with a view of Burke County's South Mountains, farming alongside his family and neighbors. As an adult, he moved to Charlotte to start a business, marry and raise a family of his own.

But Holland, 65, knew he wanted to return to Burke County when he and his wife retired, so, a few years ago, he started renovating his family homestead in a mostly rural neighborhood near Morganton.

In October, Holland and his neighbors began noticing large trailers moving steel and equipment through his neighborhood.

By mid-November, workers had built two, 300-foot-long, metal chicken houses within 800 feet of Holland's front porch, less than 350 feet from Connie Dufford and Camille Watts' back door and down the street from a nursing home.

Soon, the buildings will be stocked with live birds.

Holland and some of the neighbors say the chicken houses threaten their property values and the area's overall quality.

"You walk out on my deck and see these chicken buildings," he said. "There's no way you can stop the smell if the wind is blowing in your direction ... It's far different than having cornfields in your backyard."

But there is little that anyone can do to help Holland and his neighbors. State and local governments have little control over agricultural operations beyond health and safety issues. And the culture of rural areas, where property owners are fiercely defensive of their independence, means the homeowners have little recourse.

The chicken houses are being built by Daphne and Matthew Davis, who plan to raise hundreds of chickens for local poultry processor Case Farms.

The Davises, who own about 7 acres off Holland Street, according to Burke County Planning and Development, did not want to talk much about their chicken houses or the clash with their neighbors.

But they say they are free to use the land as they choose. "It's our property," Matthew Davis said, "and we can do whatever we want with it."

Holland said he has talked with officials at the state Department of Agriculture, members of the county's board of commissioners, the county manager, other chicken breeders and a spokesman at Case Farms, which is working with the Davises.

While local officials say they are sympathetic to Holland and his neighbors, they say there's not much they can do.

Marc Collins, planning director for the county, said local officials have no control over livestock. "There's nothing we can put on zoning ordinances that put (regulations) on that type of agriculture," Collins said.

The N.C. Poultry Federation has established voluntary guidelines that encourage breeders to build at least 500 feet from an occupied home or public business and a minimum of 1,200 feet from recreation centers, schools and nursing homes.

The distance, Ford said, helps curb the smell and maintain good relationships between neighbors. "There's no legal issues on (building closer)," he said. "But these are distances that seem to be working in other areas."

Burke County Manager Ron Lewis said he encourages neighbors to work together to find a compromise and would be willing to mediate the conversation.

Building fast-growing shrubs, such as cypress trees, he said, could create a buffer between the buildings. He also suggested chicken breeders follow the N.C. Poultry Federation's guidelines.

"In the spirit of being a good neighbor those kind of measures are reasonable," Lewis said.

Richard Ducker, professor of public law and government at UNC Chapel Hill's Institute of Government, specializes in land use law and said no firm standards exist when it comes to building poultry houses.

"It's largely unregulated," he said. "And (that's because) North Carolina has strikingly been an agricultural, rural state."

In the 1990 census, however, the state passed the urban threshold. For the first time, according to the U.S. Census Bureau, 50 percent of the state's population lived in urban areas. Conflicts like this, Ducker said, become more common as the state becomes more urban.

Neighbors say they know the Davises are within their rights to raise chickens on the property but wish they had followed the federation's guidelines.

"I understand that these people are trying to make a living," said Jeff Tallent, who co-owns a nursing home about 800 feet from the chicken houses. "But the quality of air in that area is going to get worse."

Connie Dufford and her sister, Camille Watts, bought nearly a half acre on Holland Street more than two years ago, dreaming of retiring with a view of Burke County's rolling mountains. The 350 feet between their back door and the poultry buildings isn't enough, they said.

"If we had known the chicken houses were going in, we would have never bought," Dufford, 63, said. "We won't come anywhere near what we have invested in it if we try to sell right now."

The road the Davises built to the chicken houses runs alongside Dufford's property and about 20 feet from the trailer the sisters share. Tractor-trailer trucks and other large vehicles, they say, make deliveries late at night, rounding the corner at speeds over the limit and cutting into their yard.

They said they worry the traffic will continue as Case Farms begins dropping off the birds and feed and picking up the fattened chickens.

"We liked this place so much," Watts said. "It's not fair for one person to destroy a neighborhood."

The Davis' declined last week to discuss the details of their business but said they have followed building regulations and will abide by state and local laws.

Case Farms works with about 175 independent growers in Western North Carolina, said Director of Public Relations Ken Wilson.

Now that the houses are built, Holland said, it's only a matter of time before the buildings are stocked. It's the lack of communication between residents and the Davises, he said, that upsets him most.

"Dumping this in the middle of the neighborhood without anyone knowing what's going on isn't right," he said. "The community should have some sort of input."


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11/28/06

Family members seeking answers about how inmate died

Civil rights group headed by Al Sharpton investigating

Tuesday, November 28, 2006

By Marcie Young
Charlotte Observer Staff Writer

A group headed by the Rev. Al Sharpton is investigating the death of a New Jersey man who died Sunday while in custody of the Catawba County Sheriff's Office. Harold James Ledet Jr., who has family in Gastonia, died at Catawba Valley Medical Center early Sunday morning, said Lt. Roy Brown of the sheriff's office.

Ledet had been at the Catawba County jail since Wednesday, when he was charged with robbery with a dangerous weapon and felony conspiracy in the attempted robbery of a woman on Nov. 21, said Capt. Donald Brown of the Newton Police Department.

The woman, Donald Brown said, ran her car into Ledet as she tried to get away. Ledet was charged a few hours later and arrived at the Catawba County jail Wednesday with a broken ankle and lacerated lip, Donald Brown said.

An inmate noticed about 3:30 a.m. Sunday that Ledet was having trouble breathing and pounded on the cell door to get the guards' attention, Roy Brown said. Soon after, Ledet, who was not breathing, was taken to the hospital, where he was pronounced dead.

Leaders at the New York-based National Action Network, Sharpton's advocacy organization, and members of Ledet's family say they don't understand how his injuries could have led to Ledet's death.

David Taylor, his uncle, works with the National Action Network and said he wants more information about how his nephew, a father of three, died.

"We just want some closure," Taylor said. "You can understand how we're feeling right now. We don't have any answers."

John Barnett, state chairman of the civil rights organization, said the National Action Network is independently investigating Ledet's death and is working as a mediator between the family and law enforcement.

"A lot of emotions are flaring," he said.

Barnett said he and members of Ledet's family spoke Monday with Roy Brown, of the Sheriff's Office, but are still waiting for medical reports, the name of the inmate who was sharing Ledet's cell and the name of the nurse who had been giving Ledet medication. He had a prescription for the painkiller Percocet.

"We have gotten about 75 percent of what we need, but that other 25 percent is vital," Barnett said. "We had a standstill trying to get all that information from them."

Roy Brown said the Sheriff's Office would provide the information to Barnett and the National Action Network.

Barnett, who knew Ledet and has worked with Taylor for 17 years, said Ledet had a history of hypertension but, overall, was in good physical condition.

Barnett said family members told him that Ledet had a prescription for Percocet. He said he hopes the medical records will confirm the dosage of the medication Ledet was taking.

Brown said the jail had a prescription for Ledet to take Percocet but was not sure if he took the drug or how much he was given. "We obviously have those records," Brown said. "The toxicology report will tell us more."

The most frequent side effects of Percocet include lightheadedness, dizziness, sedation, nausea and vomiting, according to the Physicians' Desk Reference, a reference guide to pharmaceuticals and other medical issues.

Ledet's death is the third connected to the Catawba County jail in the past two years. Ricardo Martino Garza died in September 2004 after being strapped to a restraint chair. An autopsy found that a fractured rib punctured his lung.

In June, Robert McPherson died of trauma to the head two days after being released from custody. A pathology report showed that McPherson might have been injured while at the jail.


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11/26/06

Murder charge follow fatal crash

Driver also accused of DWI; he was going to holiday meal

Sunday, November 26, 2006

By Marcie Young
Charlotte Observer Staff Writer

A Maiden man faces a murder charge after the car he was driving Thursday afternoon crashed into a steel building, killing one woman and injuring four others.

Christopher Allen Smith, 23, faces four charges, including second-degree murder, driving while impaired, driving while license revoked and failing to appropriately restrain a child younger than 5, said N.C. Highway Patrol Trooper Marc Walker.

Smith was driving four of his cousins to their grandmother's home in Maiden for a Thanksgiving dinner when the rental car swerved off Henry Dellinger Road in Lincoln County, Walker said. The car rolled over and slammed into a metal building.

The car was traveling 75 to 80 mph when it swerved off the road about 2:45 p.m., and the driver's blood alcohol was "well-above" the 0.08 legal limit, Walker said.

Haley Christenbury, 19, of Charlotte was not wearing a seat belt and died after being thrown from the rear passenger seat, Walker said.

The other three passengers, a 23-year-old man, a 23-year-old woman and her 4-year old daughter, were treated for minor injuries. Smith broke his foot, Walker said.


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11/25/06

Hmong celebrate New Year with mingling of cultures

Traditional dress, modern music part of scene at Lenoir festivities

Saturday, November 25, 2006

By Marcie Young
Charlotte Observer Staff Writer


LENOIR -- Paul "L.P." Yang held a microphone to his mouth and began, closing his eyes in concentration and waving his right hand in the air.

The smell of cooking chicken, noodles, rice and sausage wafted, and a handful of Hmong teens, some dressed in baggy pants and tank tops and others in traditional costume, stopped Friday to watch the one-man show.

Yang drove more than 10 hours from Detroit with a few fellow rappers to perform and sell CDs from his Shaolin Entertainment label at this week's Hmong New Year festivities at the Caldwell County fairgrounds in Lenoir, about 70 miles northwest of Charlotte.


The New Year festival, traditionally held after the harvest season in late November, celebrates millennia-old Hmong culture with dancing, music, games and food.

Yang, 20, said he doesn't see blending rap music with the ancient culture as a conflict. Instead, Yang said he'll rap about the Hmong people of Laos helping U.S. forces during the Vietnam War or about the hardships they endured in fleeing persecution after the battles ended.

"It's a way to introduce people in the rap community to my culture," he said. "The older Hmong don't understand it, but the youth do."

It's that kind of blending that Yang said helps younger Hmong appreciate their culture while assimilating in the United States.

For young and old Hmong, preserving their culture is one of the community's biggest concerns, said Tong Yang, executive director of the United Hmong Association of North Carolina.

More than 300,000 Hmong from Laos have sought refuge in the United States since the late 1970s, and about 15,000 have settled in North Carolina. Most of those live in Catawba, Burke, Alexander, Caldwell and McDowell counties in the Catawba Valley, where the foothills terrain and climate are similar to their Laotian homeland.

The Hmong, Yang said, have begun blending Western culture with traditional New Year activities. Religious beliefs, with Hmong thanking their ancestors for the ending of the year, have merged with more modern customs, such as talent shows and beauty pageants.

"It's something we can do to mix Hmong culture and our American culture," he said.

At the fairgrounds Friday, middle-aged Hmong men wander in black suits, eyeing booths stocked with traditional outfits, DVDs, toys and an array of food and sweets. Clinking silver coins swish against the colorful fabrics of the outfits worn by giggling teenage girls and smiling boys.

Mothers dressed in slacks and blouses push toddlers wearing traditional woven vests in strollers.

For Marissa Hang, a 23-year-old mother of two, bringing her kids to the New Year celebration is the best way to teach them about Hmong tradition. For the opening festivities Thursday, she dressed up her 1-year-old son and 2-year-old daughter in the traditional garb.

"This is the only time of the year we can see our culture in full bloom," she said. "Even if it is only for a few days."

Yang said this year's three-day celebration has brought about 10,000 Hmong from as far as California and Minnesota.

Joe Lee, 23, and his older brother, Waii, drove from Spartanburg with some friends to attend the festivities.

"I feel bad because I didn't come here dressed up," Joe Lee said. "It's good to stay connected, and a lot of (Hmong) kids don't know about it."

Though the Lees wore jeans and T-shirts rather than traditional garments, the brothers said participating in Hmong celebrations is critical to preserving the culture.

"Living in America, you learn all this new culture," Waii Lee said. "It's tough to think about everything you're losing, but we try to keep a little bit of it inside as we adapt."


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11/22/06

The Dart: Galloping toward a better life

Wednesday, November 22, 2006

By Marcie Young
Charlotte Observer Staff Writer

NEWTON -- Taquitz trots casually along Boston Road's hard gravel. His white mane bounces in the crisp fall breeze, and his hoofs clatter on the pavement in cadenced clicks.

"Hear the rhythm of his footfall," says Taquitz's owner, Don Posey. "That beat. It sounds like a locomotive."

Posey watches hired trainer and friend Paul Marlowe calmly grasp the reins as the Paso Fino horse delicately and quickly lifts one hoof at a time in a four-beat gait.


The Dart landed in Newton, where Posey and Marlowe were out in the cold weather Monday training their Paso Finos, horses with Spanish roots and, unlike their Mustang relatives, never wild.

"(Paso Finos) were never feral, so their instincts are closely aligned with people," said Posey's wife, Joy. "That's one of the nice things about them as a breed. They like people."

The way the Paso Finos move, 68-year-old Don Posey said, is what distinguishes them from other breeds. The faster footwork makes for a smoother ride, compared with the loping gallop or trot of the more common quarter horse.

The Poseys have big dreams for Taquitz and the other Paso Fino horses they breed, raise and show through their company, Willaway Paso Finos. They hope for good competitors, for a good bloodline and for calm horses people can ride.

"You want to keep the breed affordable for the backyard buyer, as they call them," said Joy Posey, 59.

Like the backyard buyers, the Poseys were amateur horse enthusiasts when they moved to Newton in 1995.

They had been living in California since the 1970s and were getting tired of the earthquakes that consistently rocked the West Coast. After a massive quake in 1992 hit two miles from their Los Angeles-area condo, they were ready for a change of scenery.

North Carolina is not prone to major earthquakes, and that, with the promise of four seasons, rolling hills and the opportunity to raise horses, was enough for the Poseys.

Neither had owned horses before, but Joy Posey clung to the childhood memory of cleaning stables in exchange for riding lessons, and Don Posey had always enjoyed the rides he took on rental horses.

Not long after they moved to Newton, a nearby Paso Fino breeder got in touch with Don Posey, an attorney, about handling a few legal matters. The couple decided to take a different kind of compensation.

"He paid in horse," Joy Posey said.

Since then, the Poseys have built a business breeding Paso Finos, raising them and showing the animals at competitions across the Southeast.

Marlowe has been working with Taquitz for three months, trying to calm him and turn him into a champion show horse. While Taquitz has competed before - and done well - Don Posey is hoping Marlowe will be able to mellow the horse's brio, a Spanish word loosely translated as spirit.

"Paso Finos have a lot of brio," Don Posey said. "That's where you get the attitude and the power but sometimes a horse will have so much brio they can't control it."

Marlowe, the son of horse breeders in Virginia, has been working with Paso Finos for 14 years, when his parents gave him one of the horses for his high school graduation.

He's trained the breed full time since 2002, and his own horses have won top titles in competitions, including a nod as the 2006 national champion in Perry, Ga.

Working with the Poseys' Paso Finos, he said, is liking working with his own. "When we get into the horse world, we're just one big family," he said.

Usually, Don Posey said, they keep about eight horses on the 4-acre plot of land. It's not far from the county's Justice Center and is an unlikely neighborhood for horse breeding, with subdivisions and an old landfill surrounding the property.

But for the Poseys, who always hoped for a few horses and some land, it's a perfect place for their company..

"Where there's a will, there's a way," Don Posey said.


The Point of the Dart

The idea behind the Dart is simple: We're looking for the kind of news the media don't usually report. We throw a dart at a map of one of the counties in the Catawba Valley, and we'll write about what's happening at that spot. We hope this feature will bring out stories that too often are ignored and will help you meet some of your neighbors in the region.


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11/19/06

Sidewalk ban could end

Downtown Maiden rule draws objections

Sunday, November 19, 2006

By Marcie Young
Charlotte Observer Staff Writer

Maiden kids might soon be able to ride their bikes to school.

Public objections to the city's rule that prohibits bicycles on downtown sidewalks has Town Council members rethinking the ban.

"We recognize that the town might want to change this," said council member George McClellan. "And we're open to it."

Last month, the council postponed making a decision on an ordinance change drafted by the city staff until council members could get more input on the issue. The change would have lifted the ban on bike riding on sidewalks.

Now, they are waiting to hear what residents have to say about the ban at a public hearing Dec. 11.

While the city does not ban bikes, skateboards or Rollerblades from the streets, many of the town's children can't ride their bikes to school or in the downtown area because their parents don't allow them to ride in the roads.

Some residents, including teachers and parents, have said the ban goes too far when it comes to bicycles and have asked that ordinance be changed to allow kids to at least ride their bikes to and from school using city sidewalks.

Safety, said Mayor Bob Smyre, is the city's main concern.

"Some of the kids on the other side (of town) couldn't ride their bikes to school," he said. "I just want them to be safe."

A 2002 resolution restricted skateboarding and Rollerblading on downtown sidewalks in Maiden. Bikes have been prohibited even longer, but city officials couldn't say precisely how long.


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11/17/06

Updike shares novel approaches with students

His latest, 'Terrorist,' crafted with a nod to realty, imagination

Friday, November 17, 2006

By Marcie Young
Charlotte Observer Staff Writer

HICKORY – John Updike has written about cheating couples in suburbia, an aging high school basketball star and America's obsession with religion and fame.

Now, five years after the World Trade Center fell, Updike has invented an Islamic teenager on a quest to bomb Manhattan's Lincoln Tunnel in his most recent novel, "Terrorist."

"`Terrorist' was an attempt to see the other side of the war on terror," the Pulitzer Prize winner told students at Lenoir-Rhyne College on Thursday.

Updike has been crafting prose for more than 50 years. In an open forum at the college, he talked with students about his newest novel and offered advice on how to write a book.

"Know the ending before you begin," he said. "A writer starting out can't know every page of detail (but) it's fun to steer your climactic theme."

That's how Updike started writing "Terrorist," his most recent work of fiction, he said. A longstanding fear of New York City's dark and seemingly unstable traffic tunnels combined with the national attention on terrorism initially helped him intertwine reality with fiction.

Updike, a 74-year-old Lutheran and self-proclaimed "small-town boy" from Pennsylvania, isn't representative of the stereotypical Islamic terrorist.

That detachment helped him tell Ahmad's story.

"You make little leaps in your head when you're writing fiction," he said. "You have to go with what you have learned and what you can guess."

Updike, who attended Harvard and wrote for The New Yorker magazine, said the mystery of creating realistic and complex characters excites him. "It's all a mixed bag," he said. "The fiction writer is someone who tries to detail that mixture."

Katie Lineberry, a 19-year-old sophomore, admitted that she doesn't enjoy reading much, but she said she liked "Terrorist." After hearing Updike speak, she said, she's looking forward to reading the book again.

"You can see where he came from," she said. "It's dark and dirty, but he makes it come to life."

Updike spoke Thursday night to a larger crowd at the college.

Said Rand Brandes, director of the Lenoir-Rhyne College Visiting Writer's Series: "He's the proverbial literary legend. He has contributed to the cultural identity of the entire country."


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