Published on: 2005-10-06

 

As one with a fair amount of knowledge about the Keith Kegley case, I would like to shed some light on some points that the newspaper did not mention in its Oct. 4 editorial, "Next Moves." At the same time, I disagree that many of the residents are ready to move on.

Having helped the soldiers to meet their lawyer Robert Hornik, I know the circumstances that started this lawsuit. I constantly hear that this case is about one soldier, but this could not be further from the truth. All of the soldiers had met me while I was running a petition against the annexation on Reilly Road. Many, many active-duty soldiers signed the petition and were looking for a way to fight it. I started asking if soldiers would be willing to add their names to a lawsuit. I quickly had 29 names, of which three were unquestionably deployed during the 60-day period. Once Cumberland County Citizens United was formed, a good municipal lawyer was found and the suit was started.

When news of the lawsuit first hit the newspaper, a military law expert was found from the Washington, D.C., area. The newspaper warned that the city should be concerned with a powerful law as the Service Member Civil Relief Act.

Why such a different outcome? I would ask citizens to read the opinion by the state Court of Appeals at www.nccourts.org. Click on court opinions and then type "04 cvs 4483" in the keywords block and hit "search." One of the first things that I noticed in the opinion was the "Amicus Curiae" (friend of the court): the N.C. League of Municipalities.

What is the League of Municipalities? It is a political lobbying organization that actively opposes any legislation that opposes city governments. It works as the attack dog for municipal officials throughout the state. It was the organization that had a bulletin against state Sen. Larry Shaw's bill opposing Fayetteville's annexation within days of it being filed. Who pays this lobbying group? City taxpayers throughout the state. A benefit the new annexees now have is the honor of helping to pay this lobbying group. Of course, dues will go up now because Fayetteville is a bigger city.

Active-duty service members who are residents of other states do not get to vote in Fayetteville's election. The only avenue open to these soldiers is the Supreme Court.

Walter Murphy is a founder of the Cumberland County Citizens United, which filed a suit against the annexation.