To the Editor,

I am writing to address the injustice done to the people of Belhaven area in the recent court ruling by a Greensboro Judge to temporarily (we believe the Court of Appeals will arrive at a different analysis of our lawsuit) dismiss our case against Vidant Health and Pantego Creek, L.L.C. I would like for your readers to know the chain of events that led to this ruling.

First, last August Judge Sermons was to hear a motion for a Temporary Restraining Order (TRO) against Vidant and Pantego Creek to prevent the demolishing of our hospital. Judge Sermons felt he had a conflict so he appointed Judge Fitch from Wilson to hear our case. Judge Fitch, a former State House Member, 14 year Superior Court Judge and African American, then heard our motion in court in Wilson and granted our TRO. The only way he could grant the TRO was if our case had merit in his eyes.

Then there was another court date set about 10 days after the first to hear arguments for a Permanent Restraining Order. The second court date was in Plymouth and Vidant stopped the proceedings by saying there was a federal aspect to our case so they asked for the case to be moved to federal court, a move Judge Fitch couldn’t stop. Judge Fitch told Vidant and Pantego Creek that they were to keep the property in good shape until it could be determined where the case would be heard. The case was then sent to federal Court and within about five months sent back to State Court because there was, in fact, no federal issue. Then the case came back to Judge Sermons and he reappointed Judge Fitch.

We were all ready to get back into court with Judge Fitch with Vidant and Pantego Creek knowing they had not only failed to keep the property up, but sold a piece of the property to raise money for legal fees, as mentioned in a letter to their members. The town complied with Judge Fitch’s instructions and paid the power bill on the hospital for the whole time the federal issue was being determined. Then the games began! Judge Sermons got a comment or complaint from someone that Judge Fitch was biased. Was this because he was African American ruling on a civil rights case? We don’t know the individual source of this complaint but it came from Vidant, as discovered by our attorneys. Judge Sermons then felt he had to get someone else to appoint someone to our case and went to the Chief Justice of the North Carolina Supreme Court Mark Martin. Justice Martin is a Pitt County native. Justice Martin then appointed a Judge Albright who seemed awkward and confused to most in the courtroom throughout the court proceeding. At one point he asked what Belhaven obtained through the fraud about 10 times. Of course, Belhaven didn’t obtain anything through the fraud, Vidant did. This has been a very difficult struggle fighting a billion dollar bully with volunteer effort but we will keep praying for justice and that will come the day a jury of Beaufort County citizens render their verdict.

 

Adam O’Neal

Mayor of Belhaven