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The Hinton News
Hinton, West Virginia
July 31, 2012     The Hinton News
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July 31, 2012

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Volume 110 No. 16 J [] HINTON NEWS (Continuing the Hinton Daily News & The Weekend Leader) Home of "W: Va. Water Festival" Hinton, West Virginia Tuesday July 31, 2012 50 Cents Mandamus Doe'sn't Rule By Fred Long i"  short hearing in Circuit Court ..bfore Circuit Judge Robert Irons, riday, found Irons dismissing a zTrit of Mandamus filed against the ity in an effort to force the city to issue Danny's Pool Hall a business license. : Mandamus is an action before the court that, if successful, forces a governing body to do what it is required to do by law. "rhis is the first step in probably ia. !engthy process," Mayor Joe Blankenship said following the 30- minute hearing, "but today's ruling, opinion, is strictly a victory .fobthe people in our fine city."  :J The city earlier refused to issue a :business license for Danny's Pool "Hall on 3rd Avenue saying the -business has allegedly violated state -statutes "almost daily" and 'umerous incidents involving "patrons of the establishment" have been recorded requiring police 5nvolvement. . Barry Bruce, a Lewisburg attorney representing Danny's, filed the Mandamus action shortly aer a heated City Council meeting where no reason for the city's action was clearly stated; learning only minutes before the hearing the city's argument for denying the license. Bruce had based his argument on the fact that the state had iued a business license, therefore the city had no legal grounds to deny a license, but City Attorney Richard "Dick" Gunnoe told Irons the City had the right to regulate pool halls. West Virginia Code, he said, "specifically" gives municipalities the right to prohibit the operation of pool halls within municipalities. Bruce was blindsided by the argument, saying that reason was never given in the letter to his client or mentioned during the City Council meeting. He asked for a temporary injunction to give them time "until we can address this issue" and also allow his client to remain open until another petition is brought before the court. "We're not here for that reason," Gunnoe told Irons. "We are here this day on a Mandamus action and we don't think it's tLe proper procedure." The code section, said Gunnoe, giving municipalities authority to regulate pool halls says, unless done "discriminatory or arbitrary," a mandamus action isn't proper. Code 8-12-5 (24) specifically says: "To license, or for good cause to refuse to license in a particular case, or in its discretion to prohibit in all cases, the operation of pool and billiard rooms and the maintaining for hire of pool and billiard tables notwithstanding the general law as to state licenses for any such business and the provisions of section four, article thirteen of this chapter; and when the municipality, in the eercise of its discretion, refuses to grant a license to operate a pool or billiard room, mandamus may not lie to compel the municipality to grant the license unless it shall clearly appear that the refusal of the municipality to grant a license is discriminatory or 2012 Campaign 2000 " Scholarship Awarded Bradley Luckton, a 2011 graduate of Summers County High S rtool, is awarded a 2012 HAF Campaign 2000 Scholarship by board member, John Hedrick. Congratulations Bradley] 2012 Awarded Scholarship Amber Wickline, a 2012 graduate of Summers County High School, is awarded the HAF Campaign 2000 Scholarship by keynote speaker, Richard Lawrence. Congratulations Amber! arbitrary; and in the event that the municipality determines to license any business, the municipality has plenary power and authority and it shall be the duty of its governing body to make and enforce reasonable ordinances regulating the licensing and operatio n of the businesses." The business has only one pool table, Bruce argued. "If we have to remove the pool table we'll remove the pool table-- but we have a license for that establishment to sell liquor-- they can't deny that." He noted that the business has been open for 27 years and "never once" has a question been raised because he has a pool table. Most of the business is serving alcoholic beverages and maybe around 10 percent is from the pool table. For that reason it wasn't proper to classify it as a pool hall. He complained that the city "never gave a reason why they weren't giving the license. You have to give them an opportunity and they didn't do that. 'We're not going to let you be a pool hall so takd the pool table out.' They didn't do that." The business, Gunnoe said, is "clearly" a pool hall. "If it quacks like a duck, waddles like a duck it's a duck. In my business my sign says lawyer. People don't come there for a hamburger. That's not what I do ." He said the city didn't "owe them" an explanation or have an obligation to tell them why they were doing anything. Irons told them the state statute "is very clear" that the city "has the discretion not to issue a license." He said if the business closed down the pool hall "and just operated as a bar you might have the right to come back. But at this point it's pretty obvious that it's a pool hall. Motion to dismiss is granted." Following the hearing Bruce told Danny Foster to get the pool table out of the business and file for a new business license under another name. After the table was removed the business opened that night. "It's a must," Blankenship said, "that we as elected officials continue to fight for the people of our town to make Hinton the proud place that we all want to live in. I certainly thank those that showed up today in the courthouse. Several people were there in support of our administration a,nd what we are trying to do on behalf of the City of Hinton and I'm jtist pleased with their support. And again this is mly a victory for our people." Atderson Patrio00 Days Coming So many were heartbroken that the 51st Annual 4th of July Celebration had to be cancelled because of the storm. Furthermore the citizens, the Town, and the Alderson Vol. Fire Dept. also incurred many expenses related to the storm, which will be felt for a long time. Even with all this, Alderson was voted as "WV's Best Fireworks and 4th Celebration" on WV! Quite an achievement for a small town. Because of all this, the Alderson 4th of July Committee decided to hold "Alderson Patriotic Days", on Sept. 1-3 : Labor Day weekend. The Fireman's Rodeo, Fireworks, Gospel Concert, Esquires' Concert, Parade, 5K race, and many other activities will be held, as well as hosting vendors of many kinds. A full schedule, with contact information, will be forthcoming soon in the media and in brochures being prepared. They will also continue to sell rubber ducky tickets, hoping to help cover some of the lost income from the storm. With a top prize of $5,000 cash, and many other great prizes, it will be an exciting chance to score some cash, right at the time school starts. They will be available in many locations, as usual, and from members of the committee. If you have already purchased a duck, it is still good, and will be in the race. The race will be held on Sept. 4 Save the date and start planning now to attend "Alderson Patriotic Days." The last weekend of summer will go out with a bang in Alderson! Business Moves to Downtown Hinton Downtown Hinton is the new location for two great stores under one roof. Encore Shop, a consignment store, locally owned and operated by Sara Beth Mattis, and Ginny Hatchev's Sugar Haven are now located at 214 Ballengee Street. Encore Shop offers its patrons a variety of items including household goods and children's clothes and toys. Infants require lots of paraphernalia but only need it for a few months and children outgrow their clothes and toys very quickly. Check the Encore Shop's inventory for these items before you spend a fortune somewhere else. "Our clothing is top drawer, with brands ranging from Faded Glory all the way to Tommy Bahama," states Mattis proudly. Check back often because the shop's inventory is constantly changing and growing thanks to the store's customers who also consign items for sale. Not only will you find quality goods at very reasonable prices, but patrons are encouraged to offer their gently worn clothing and high quality goods for consignment. "When you consign with Encore Shop," says Mattis, "youql receive 40%-60% for your sold items." The store, disguised as a two- story home, is indeed the new home for this areas favorite bath and body boutique, The Sugar Haven. You may already be familiar with the large line of products created by Ginny Hatcher since this shop has established a reputation for consistent, high quality formulations during its two years of operation. Hatcher creates a panacea of products designed to pamper your body from head to toe. Sugar scrub, lotion, soap, body & lip balm and more are all made from her own formulas that produce a noticeably superior product compared to imitations. "All my products are made in small batches by my own hand using my own recipes," boasts Hatcher. The shop has plenty of items ready for purchase on its shelves, but Hatcher offers the unique service of creating your favorite product in your favorite scent while you wait. Hatcher says, "Come in, sip a cup of tea and before you're finished I can have most of my most popular products ready for you." These items lend themselves beautifully to gift-giving and a custom made basket full of pampering is sure to be appreciated. Call Ginny at 304-445-6481 for all your bath and body products. The two shops will debut during the 2012 WV State Water Festival. Drop by for their Grand Opening, meet the owners and enjoy refreshments while you shop. Register to win a $50 gift basket from The Sugar Haven and pick a coupon worth anywhere from 10% to 100% off your total purchase. Encore Shop (304) 309-4455 and The Sugar Haven (304) 445-6481 are open Monday through Saturday, 10 a.m. - 7 p.m. Jeremy Willis is shown after installing stone around the base of the John Henry Statue at its new location in the John Henry Historical Park at Talcott, The stone was donated by Vintage Stone (Pauline Taylor Richmond) of Nimitz. Park organizers sa'idhey appreciate Jeremy Willis donating his time and Vintage Stone for the donation. "We're looking for volunteers to join the John Henry Days committee and the John Henry Historical Park steering committee," organizers said. "If you would like to join the John Henry Days committee we meet the third Thursday of each month at 7:00pm. at the Talcott Fire Station and the John Henry Historical Park steering committee meets the 4th Thursday of each month at 1:00 pm. at the Talcott Fire Station." If you have any questions please call Bill Dillon, 304-466-1729 or Dolores Moorman, 304- 466-3745. Virgil was only 21 when he gave his life in the Korean jungle. Lost In The Forgotten War By Jane Adkins Spade and Family One of my proudest moments is knowing that my brother, Virgil Boyd Adkins, will be acknowledged after 59 years for his unselfish service to his country. I remember him as a child that would take up for all the right things, and we knew when he left for the service that he would make our family proud. The closure and grief has been both pride and anguish. I am proud that my brother died protecting his fellow officers, but I also have deep sorrow to know that he died a terrible death in the jungle. This Memorial Service will hopefully give justice and honor to our family, our city, and mostly to an honorable brave soldier. The forgotten war took my beloved I remember when my family brother, a devoted son, a loyal found out that our brother was Missing In Action and how unbelievable that was. We waited and waited for more information and never heard more, except from reading articles in the newspaper. In the summer of 2002, our brother, Harold Sims Adkins, volunteered DNA samples to the War Department just in case they found Virgil's remains. They kept Harold's DNA on ice until they needed it. In June of this year US Congressman Nick Rah'all's office contacted me to announce that the mystery of my lost brother was finally solved. By then I was the closest family member left to know. husband, and his opportunity of becoming a proud father. I am proud to have this opportunity to participate in this admirable service on Aug. 17, 2012. Now my brother, Virgil, will rest in peace and I will too. Sadly gone but never forgotten. He will always be remembered. Ed. Note: The memorial service will be held at the Memorial Building between the hours of 2 and 4 p.m. The doors will open at I p.m. Congressman Rahall will be the key note speaker. Commission President Jerry Berry and Hinton Mayor Joe lankenship will also preside during the service,