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Saltwater guides form two groups to represent their interests, NC’s fishery

Posted on April 25, 2015 by

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Proposed log books are big concern for guides, according to several

Jerry Dilsaver
6 hours ago | Mobile Reader | Print

After several months of sometimes contentious debate, fishing guides in coastal North Carolina have organized into two different groups to work for the fisheries and make sure members’ needs are being recognized.

The North Carolina Guides Association (www.ncguidesassociation.com) was officially formed on March 12 as an industry trade association for members of North Carolina’s for-hire fishing industry. A group of charter captains from the Wrightsville Beach and Carolina Beach areas, originally organized as the Cape Fear Captains Associations after splitting with the NCGA, has officially organized as the N.C. Chapter of the Recreational Fishing Alliance (www.joinrfa.org).

At its first meeting, NCGA’s membership elected Tom Roller as president, Jeff Cronk as vice president and Mike Pedersen as secretary/treasurer. Other officers are to be added as regional directors from seven regions along the N.C. Coast.

“The NCGA was founded by an experienced group of captains, representing a wide range of independent small businesses,” Roller said. “This is the key group that provides recreational anglers access to the state’s marine fishery resources. North Carolina’s charter-fishing guides are valuable year-round contributors to the diverse coastal economies and are also integral to a thriving tourism industry in many of the state’s small coastal towns. “

Roller said is modeled after successful guide associations in other states and will begin offering trade discounts on insurance and other things necessary in the guide business, plus offering representation on fishery and business matters.

The RFA-NC organization broke off from the NCGA over differences regarding a proposed log book that will be required for guides.

“We were, and continue to be, opposed to the log book in any form,” said Robert Schoonmaker, one of the moderators of the CFCA who was elected chair of RFA-NC. “We see this as an invasion of our privacy to reveal our number of days fishing in which locations, plus (it’s) a lot of work, and (we) do not feel anything positive will be done with the gathered information anyway. We already participate in surveys and other means of gathering information and monitoring the fisheries and don’t see where that information has been used. We also have issues coming with flounder, which are a very important fish for us.”

Schoonmaker said CFCA looked into incorporating but decided members’ time, energy and limited funding would be better served to work with an organization that already has a presence in Raleigh in the form of lobbyists to get their message across to legislators. Along with Schoonmaker, Mark Cogdell will serve as secretary and Jim Sabella as treasurer. The group will meet on Monday, April 27, at 6 p.m. at American Legion headquarters in Carolina Beach.

The log-book issue is one of the most important facing the recreational for-hire fishing industry. The NCGA believes a federal log book is forthcoming and would rather deal with a state log book they have some input on creating. NCGA members are concerned that putting off or stalling the state log book will wind up with North Carolina guides required to use the federal log book, which they fear will be more invasive and time consuming. RFA-NC members believe their organization can stop the implementation of any log book.

Tagged with: Raleigh

Photo gallery: Star Shots, best photos of April 23, 2015

Posted on April 25, 2015 by

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Lesley McSpadden, the mother of Michael Brown, wipes her cheek as she stands next to attorney Benjamin L. Crump, left, during a news conference Thursday, April 23, 2015, in Clayton, Mo. The parents of Michael Brown filed a wrongful-death lawsuit Thursday against the city of Ferguson, Mo., over the fatal shooting of their son by a white police officer, a confrontation that sparked a protest movement across the United States. (AP Photo/Jeff Roberson)
| Jeff Roberson AP

Tagged with: Charlotte

National Park tourism in North Carolina creates $1.5 billion in economic benefit

Posted on April 24, 2015 by

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From a National Park Service press release:

National Park tourism in North Carolina creates $1.5 billion in economic benefit

New report shows visitor spending supports over 18,520 jobs in North Carolina

Atlanta – A new National Park Service (NPS) report shows that 16,710,760 visitors to national parks in North Carolina spent $1,102.6 million in the state in 2014. That spending resulted in 18,528 jobs and had a cumulative benefit to the state economy of $1,533.9 million.

“The national parks of North Carolina attract visitors from across the country and around the world,” said regional director Stan Austin. “Whether visitors come to explore the natural and cultural attractions along the Outer Banks, or enjoy the poetic pursuits of Carl Sandburg with a visit to his home, visitors come to have a great experience, and end up having an economic benefit to the communities they visit. This new report shows that national park tourism is a significant driver in the national economy — returning $10 for every $1 invested in the National Park Service — and a big factor in our state’s economy as well, a result we can all support.”

The national park sites in North Carolina are: Blue Ridge Parkway, Cape Hatteras National Seashore, Cape lookout National Seashore, Carl Sandburg Home National Historic Site, Fort Raleigh National Historic Site, Great Smoky Mountains National Park, Guilford Courthouse National Military Park, Moores Creek National Battlefield, and Wright Brothers National Memorial.

The peer-reviewed visitor spending analysis was conducted by U.S. Geological Survey economists Catherine Cullinane Thomas and Christopher Huber and National Park Service economist Lynne Koontz. The report shows $15.7 billion of direct spending by 292.8 million park visitors occurred in communities within 60 miles of a national park. This spending supported 277,000 jobs nationally; 235,600 of those jobs are found in these gateway communities. The cumulative benefit to the U.S. economy was $29.7 billion.

According to the 2014 report, most park visitor spending was for lodging (30.6 percent) followed by food and beverages (20.3 percent), gas and oil (11.9 percent), admissions and fees (10.2 percent) and souvenirs and other expenses (9.9 percent).

To download the report visit http://www.nature.nps.gov/socialscience/economics.cfm.

The report includes information for visitor spending by park and by state.

To learn more about national parks in North Carolina and how the National Park Service works with North Carolina’s communities to help preserve local history, conserve the environment, and provide outdoor recreation, go to www.nps.gov/Northcarolina

Tagged with: North Carolina

Palm Springs vacation homes are TripAdvisor favorites

Posted on April 24, 2015 by

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The ease and comfort of booking a vacation home online, along with changing vacation trends leading to friends and family traveling together, has led to not only an increase in vacation rental availability, but a growing desire to choose this accommodation type.

It is a trend that has helped Palm Springs earn the No. 5 spot for best destination for vacation rentals, according to a recent report by TripAdvisor. The rankings are based on the strength of customer reviews. More than 600 vacation rentals in Palm Springs are listed on TripAdvisor, one of the most popular online travel review sites.

In its sixth annual vacation rentals survey, TripAdvisor found that 59 percent of U.S. respondents planned to use a vacation rental this year, up from 52 percent in 2014, according to survey results, which heard from more than 1,800 respondents.

Part of this interest with using a vacation home has to do with the ease of booking one. Some 87 percent of survey respondents said they were more likely to book a vacation rental due to the increased availability of online information, such as traveler reviews and photos.

On top of the comfort level travelers now seem to have with sleeping in someone else’s home — made possible with the Internet — vacationers are also putting a premium on spending time with family and friends. Those in the industry call this “togethering,” and a vacation rental seems to facilitate this level of bonding in ways a hotel cannot.

“Multigenerational family trips, girls weekends, golf outings — even a few couples getting away for a long weekend. These all fall into this ‘togethering’ concept where the main emphasis is on pooling financial resources and spending quality time with people you really care about,” said Mike Flannery, who operates Acme House Company, a vacation rental management firm in Palm Springs.”

The vacation rental industry in Palm Springs is anything but sluggish. In the 2011-12 fiscal year, the city collected just shy of $2.6 million from this lodging segment. Two years later in the 2013-14 fiscal year, collections were up 58.6 percent to $4.1 million, according to city TOT documents.

“We are experiencing growth,” Flannery said in mid-March. “We have nearly twice as many homes in our management portfolio as we did at this time last year.

“Advance bookings — those reservations made six to 12 months ahead — are up nearly 30 percent,” he added. “And, as we near the close of our first quarter of 2015, we are projecting a 26 percent increase in our overall occupancy rate.”

“We are not surprised to see once again that vacation rental tourism in Palm Springs made the top 10 TripAdvisor list for the U.S. most popular vacation home rental destinations,” said Rob Kincaid, who operates Vacation Palm Springs, one of the longest-running vacation rental management firms in town.

Part of the growth, and indeed attraction, of Palm Springs has to do with its multiple seasons that tend to attract different types of travelers, he said.

“It is a multi-season market,” Kincaid said in an email. “It has an ideal extended season with different guests coming to Palm Springs different times of the year.”

But still, a number of those travelers considering a vacation rental simply see it as a better deal than a hotel.

“The tab for staying at one of our resort-style, high-end homes for an extended weekend or week long trip can be as low as $49 per night per person,” Flannery said. “The ability to save money and enjoy a more intimate setting by ‘cooking at home,’ and the amenities our properties offer really resonate with our guests. It’s like staying home but way better.”

All of this is not to say the industry has not experienced growing pains. Palm Springs has modified its vacation rental ordinance with the aim of offering quicker response to nuisance calls and improving relations with neighbors.

The city of Indian Wells is still trying to come to terms with the vacation rental industry as city leaders continue to debate what sort of “minimum stay” to require of travelers booking vacation homes there. For now, Indian Wells continued its moratorium on vacation rentals for another year. Though in practice it’s hard to imagine how effective the ban is. A review on the vacation rental listing site Airbnb turned up dozens of options, ready to book, many with no more than one night minimum stay.

Skip Descant is The Desert Sun’s tourism reporter. He can be reached at Skip.Descant@DesertSun.com and on Twitter @TDSskip

TripAdvisor top destinations for vacation rentals

1. Asheville, North Carolina

2. Sedona, Arizona

3. New Orleans

4. Branson, Missouri

5. Palm Springs

6. Wailea, Hawaii

7. Waikoloa,Hawaii

8. Ka’anapali, Hawaii

9. Las Vegas

10. Volcano, Hawaii

Source: TripAdvisor

Tagged with: Asheville

Johnston groups push legislation

Posted on April 24, 2015 by

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Johnston County groups that promote tourism, economic development and health care have goals they hope to accomplish through legislation in Raleigh.

The groups’ leaders held a conference Tuesday to both lay out their objectives and teach the public how to lobby for their causes. About 20 people attended in person at the Smithfield-Selma Chamber of Commerce office, while others took part remotely over the Internet.

The Johnston County Visitors Bureau mostly promotes small businesses, director Donna Bailey-Taylor said. This legislative session, the agency’s main objective would help one Johnston business in particular: Broadslab Distillery.

Broadslab does a good business giving tours of its operation near Benson, but Bailey-Taylor said current North Carolina law forbids the distillery from selling tourists a bottle of its liquor on site. Instead, the distillery gives directions to the nearest ABC store. For the out-of-towners who decide to make that extra trip, many have trouble finding their way.

To change that, the Visitors Bureau supports two parallel bills in the N.C. General Assembly, House Bill 107 and Senate Bill 24, that would allow distilleries to sell people one bottle of liquor per year.

“We just want tourists to be able to get some product and go back and talk about it when they get home,” Bailey-Taylor said. “That’s the kind of word of mouth we need because we can’t afford to buy advertising at the Visitors Bureau.”

To help attract new jobs, Johnston County Economic Development would like to see several changes made in Raleigh, director Chris Johnson said.

The legislature has done a good job of bringing North Carolina’s corporate tax rate in line with other states, Johnson said. But to truly compete, the Tar Heel State needs to make more incentive money available, he said.

Specifically, Johnson said the state should restore funding to and authorize through 2020 the Job Development Investment Grant program; transfer $20 million into a infrastructure-development fund; and create a revolving loan program for economic-development projects.

“You can love or hate (economic incentives), but unfortunately, it’s the name of the game now,” Johnson said.

Restoring tax credits for developers who rehabilitate historic buildings would also benefit the county, Johnson said.

So would modifying the tiered system the state uses to rank how badly communities need grant funding. That system currently lumps areas together by county.

Because of that, the high property values in western Johnston make it hard for the county’s rural communities and poorer towns to win state grant dollars.

To solve that problem, Johnson said, many economic developers would like to see lawmakers break areas into smaller units, perhaps by ZIP code or census tract. That way Smithfield, for instance, would no longer have its fortunes tied to Clayton.

The top item on Johnston Health’s legislative agenda is Medicaid reform, including expanding coverage and increasing the rates at which hospitals are reimbursed, governmental affairs director April Culver said.

Under the present system, Culver said, the government pays Johnston Health for about half the cost of an inpatient Medicaid visit and about 75 percent of outpatient costs. That forces hospitals to hike all prices to make up for the shortfall, she said, and that pushes the burden onto patients with private insurance.

“People who aren’t in health care just find this ludicrous, and it really is,” Culver said. “We charge a lot because we only get paid a portion of what we charge, and so it’s this crazy system that seems very difficult to get out of.”

The hospital also has an interest in the rise of accountable-care organizations, which take responsibility mostly for Medicare patients and then focus on improving their health while cutting costs. As ACOs quickly grow in popularity, Culver said Johnson Health wants to make sure health-care providers, like itself, lead the transition.

Johnston Health’s other goals include making sure the hospital keeps its nonprofit tax status, Culver said. The hospital would also like North Carolina to increase funding for mental health programs, she said, because without help, many of those patients are winding up in emergency rooms.

To give people a chance to try their hands at lobbying, a reception for legislators is scheduled for 5 to 7 p.m. May 21 at Broadslab Distillery.

Hamlin: 919-836-5768

Tagged with: Raleigh

How long can Downtown hotel boom continue?

Posted on April 24, 2015 by

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Frank Schreier, of East Walnut Hills, center, and Bill Vedra, of West Chester Township, right, enjoy a beer as Scott and Kristina Volpenhein, of Covedale, background, check out the view of the Ohio River and downtown from the Top of the Park terrace bar at the Residence Inn on E. Fourth Street, Wednesday, April 22, 2015. The hotel recently opened a two-level rooftop terrace bar, which seats a capacity of 110 and opens at 5 p.m. daily. The Top of the Park is the newest attraction at the hotel, which opened in 2011 as the newest Downtown hotel in nearly 3 decades. (Photo: The Enquirer/Kareem Elgazzar)

Last Slide Next Slide

Downtown Cincinnati is seeing its biggest hotel development boom since the 1980s.

Five new hotels have opened since 2011, ending a nearly 30-year drought since the Hyatt Regency Cincinnati started serving guests in 1984. Now, hoteliers are adding three more Downtown hotels as two new Northern Kentucky river city hotels are being developed.

The aggressive addition of rooms without increasing room demand is forcing owners to consider changes – or face a fate similar to that of the now shuttered Terrace Plaza hotel.

“Any time there’s new competition coming into the neighborhood, it makes you sharpen your pencil and bring your A-game,” said Mick Douthat, general manager and sales director for the Garfield Suites Hotel, where its owner is considering a multimillion dollar renovation.

Several Greater Cincinnati lodging sector leaders that The Enquirer reached say the added supply has been a net benefit for the city and travelers.

The current supply of Downtown hotel rooms stands at 3,540, up 32 percent since 2011. Data from Tennessee-based research firm STR shows local hotel operators have also seen steady gains in demand and RevPAR – a key statistic that accounts for how much revenue is generated per available room.

That key RevPAR stat for Downtown venues, which included Over-the-Rhine’s Symphony Hotel, has been near $80 on average since 2010. The stat finished 2014 at $84, according to Downtown Cincinnati Inc.’s 2014 annual report.

The new rooms will likely lower average occupancy rates in the next few years, said Dan Lincoln, president and chief executive of the Cincinnati USA Convention Visitors Bureau.

Tourism leaders are focused on helping hoteliers fill rooms by feverishly marketing Cincinnati to leisure and business travelers and organizers of group meetings and conventions. They believe new hotels from the 21c Museum Hotel and the Renaissance Cincinnati Downtown Hotel serve distinct market niches.

Lincoln recently returned from an annual conference in Chicago where he and other tourism promoters marketed Cincinnati as a great destination for events. Cincinnati’s profile is rising and successfully hosting events such as the World Choir Games in 2012 and Major League Baseball’s All-Star Game this summer will help the cause.

“Eight years ago, we had trouble getting appointments,” Lincoln said. “Now, we leave meetings with RFPs (requests for proposals) in hand.”

‘Undeniable momentum’

spurring investment

Since the mid-2000s, new bars and restaurants from The Banks to Over-the-Rhine, new residents, Horseshoe Casino Cincinnati and other attractions have added life to the city’s central business district. DCI estimated nearly 50 restaurants, retail and service-based businesses opened in Downtown and Over-the-Rhine in 2014.

Lincoln said the number of new hotels isn’t a total surprise because “there’s undeniable momentum Downtown.”

“We see Cincinnati as one of those markets that seems like everything is working in its favor,” said Mike Conway, chief executive of Blue Ash-based hotel developer and management company Winegardner Hammons.

The lodging business is cyclical and while room demand typically improves as the economy improves, Conway said there’s an opportunity capitalize on what’s happening in the company’s backyard.

The Residence Inn opened in 2011 was the company’s first Downtown project, although several of its 24 properties are in Greater Cincinnati. Conway said talks about redeveloping the Phelps Building with Western Southern Financial Group began in 2001, Conway said. He said market research and interviews with companies such as Procter Gamble helped Winegardner Hammons determine a limited-service hotel that focused on supporting regular business travelers comfortably would perform well Downtown.

Downtown also didn’t have a Marriott property before the Residence Inn opened, which was deemed to be a missing link among existing properties from hotel groups such as Hyatt, Hilton Hotels Resorts and Starwood Hotels Resorts.

Now, two of Winegardner Hammons’ seven hotel projects under development are in Downtown Cincinnati – an Autograph Collection planned at the former Anna Louise Inn near Lytle Park and an AC Hotel at The Banks. A formal announcement of The Banks hotel is pending a final agreement with Hamilton County, which Conway said is in the final stages of negotiations.

Hotel owners that aren’t homegrown also see an opportunity to capitalize on Downtown’s market potential.

Brad Marsico, senior vice president of sales and marketing at Charlotte, N.C.-based SREE Hotels, said did several years of research and analysis on Cincinnati before decided to open 249 rooms from a Hampton Inn and Suites and Homewood Suites at 617 Vine St. earlier this year. He said the former Enquirer Building location offered an interesting redevelopment opportunity. But it was the location on Vine Street that was a big attraction for SREE Hotels.

“If this were a piece of dirt and no building, we would’ve looked at this for what the site brought us,” he said.

Marsico said Downtown has had steady occupancy totals and hotel room rates. He said the company determined there were plenty of full-service hotels but there was a chance to offer a lower-priced hotel option. The company is now scouting sites and buildings for another hotel between Over-the-Rhine and The Banks and Interstates 71 and 75.

While investors are betting on Downtown’s momentum, Aviad Israeli, associate professor of hospitality management at Kent State University, said it will not come without cost.

Cincinnati isn’t a top-tier destination for leisure travelers such as Las Vegas or New York City. Add more rooms to fill, greater transparency on prices and consumers being more cost-conscious could pinch profits for existing hoteliers, Israeli said.

The existing hotels could be forced to reduce their costs – which could include scaling back services – to improve their bottom line, he said. Full-service hotels have their place but it will be important for operators of those venues to have a signature product, Israeli said.

“Can everyone survive” in such an environment, asked Lincoln. “That remains to be seen, but I think the answer is yes.”

Renovations galore, but

what about Millennium?

Hotels that have had a long-time Downtown presence such as the Westin Hotel Cincinnati and Hyatt Regency Cincinnati have spent millions of dollars on upgrades in the last few years.

“There are some significant players, top accounts that are declining in production,” said Kathleen Gilbey, the Westin’s general manager. “The increase in hotel supply is adding an advantage for corporate travelers in the city. It’s keeping us all on our toes trying not to lose market share to new entrants.”

Despite those investments that have been made, region business leaders and tourism professionals continue to bemoan the lack of improvements at Downtown’s largest hotel – the 872-room Millennium.

The two-tower hotel is Cincinnati’s headquarters hotel not just because of its number of rooms, but also its available meeting space and the fact it is connected via skywalk to the region’s largest convention venue, the Duke Energy Convention Center.

“It is a critical component of us attracting conventions,” Lincoln said. “The next evolution of the Millennium is critical and the ownership is looking at that. You have to have a headquarters hotel.”

Tony Torbati, the Millennium’s general manager, wants the company’s owners invest in the property as well. Torbati, who managed the Embassy Suites Cincinnati-Northeast Hotel in Blue Ash for 10 years before landing at the Millennium in October, said there will be a positive impact if major investments are made in the property.

However, he acknowledged a full-scale renovation would cost tens of millions of dollars and the ownership wants to be certain it could recoup the investment if changes happened.

Since October, he said $3 million has been invested in the property. Within the next couple months, about $1 million will be spent to upgrade heating and cooling systems. Major renovations would focus on the lobby and guest rooms.

“In order for this hotel to be what the city, travelers and the CVB wants, in order for the hotel to be a true convention hotel and be a star for the city, you’re talking about a large amount of investment,” Torbati said. “When you’re talking to ownership, they would like to see what is the return. One or two events we may get won’t be enough.”

The Garfield Suites Hotel also is primed for a renovation. Indiana-based Hotel Capital bought out a partner in a joint venture and Douthat said renovations could begin this fall to turn the 16-story, 153-room property into Hilton’s Collection Series DoubleTree Suites Hotel.

Douthat said the renovations would help secure the venue’s future, but it’s performing well in the meantime. Hotel occupancy is up and he said the venue is looking forward to the All-Star Game and the hotel being fully booked for the three days before and after the July baseball game. But the hotel’s owner believes in the momentum Downtown and that’s what will backstop the investment.

Douthat quips that seven years ago, after 6 p.m. a cannon shot down Vine Street and it wouldn’t hit anybody. Guest comment cards also would say the hotel had big rooms at a great value, but it was on the edge of a rough neighborhood.

“Today, it’s huge rooms, great value, could use a renovation, but the location can’t be beat,” Douthat said. “Location used to be a liability and today location is our No. 1 asset.”

Downtown Cincinnati hotels

There are 11 hotels in Cincinnati’s central business district and there are at least three more that could open in the next couple years. Below is a table that shows the venues currently open.

3 KEY NUMBERS

Number of years no new hotels were built Downtown

Hotels opened since 2011

Percent increase in rooms since 2011

Tagged with: Charlotte

Litigating injury in a 75-1.1 case: the 12(b)(1) vs. 12(b)(6) distinction

Posted on April 24, 2015 by

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In cases under N.C. Gen. Stat. § 75-1.1, it’s important to distinguish arguments under Rule 12(b)(1) from arguments under Rule 12(b)(6). On a Rule 12(b)(6) motion to dismiss for failure to state a claim, a court generally must treat factual statements in complaints as true. In contrast, on a Rule 12(b)(1) motion to dismiss for lack of subject-matter jurisdiction, a court can pierce the pleadings and review evidence.

Earlier this month, the North Carolina Business Court issued two related decisions that illustrate this important distinction.

The Charlotte Taxi Cases

In Khan Bros. v. City of Charlotte and Universal Cab Co. v. City of Charlotte, several cab companies sued the City of Charlotte, former Charlotte Mayor Patrick Cannon, and the Greater Charlotte Hospitality and Tourism Alliance after the city refused to renew its contracts with those cab companies. The contracts had allowed the cab companies to provide on-demand taxi service at the city-owned Charlotte Douglas International Airport. Without a contract with the city, cab companies could not offer airport taxi service.

In their complaints, the plaintiffs alleged that former Mayor Cannon conspired with the Tourism Alliance to award exclusive operating agreements to cab companies that contributed to the mayor’s political campaign or to the Tourism Alliance.

The plaintiffs pursued a long list of claims against the defendants, including section 75-1.1 claims. The 75-1.1 claims alleged that the defendants “conspired in a pay-to-play scheme” when the Tourism Alliance awarded contracts to its corporate sponsors and to former Mayor Cannon’s campaign funders. The defendants moved to dismiss.

In deciding that motion, Judge Bledsoe did not reach the substance of the plaintiffs’ 75-1.1 claims—or any of their claims, for that matter. Instead, he concluded that the plaintiffs lacked standing to sue.

12(b)(1) vs. 12(b)(6): Why it Matters

In Kahn and Universal Cab, the defendants argued that the plaintiffs lacked a specific aspect of standing: an actual injury that was fairly traceable to the defendants’ actions. The defendants made this standing argument under Rule 12(b)(1), not under Rule 12(b)(6).

The court stated that it granted the defendants’ motions to dismiss under both rules. When we study the court’s reasoning, though, we can see that the 12(b)(1) ruling was the pivotal one. Why?

When a North Carolina state court decides a Rule 12(b)(6) motion to dismiss, it generally looks only at the face of the complaint and takes most factual allegations in the complaint as true. On a Rule 12(b)(1) motion, however, the court can pierce the pleadings and test the factual soundness of the allegations that affect subject-matter jurisdiction.

Thus, if the defendants had made their standing argument under Rule 12(b)(6) alone, the court would have been limited to asking whether the facts alleged in the complaint negated the plaintiffs’ claims of causation and injury. In the taxi cases, the complaint probably would have survived this inquiry, because even speculative allegations of proximate cause often withstand a Rule 12(b)(6) motion to dismiss. (Grant v. High Point Regional Health System, for example, illustrates the modest allegations of injury and causation that can withstand a 12(b)(6) motion.)

The Rule 12(b)(1) motion made all the difference. Applying that rule, the court pierced the pleadings. When it did so, it found no causal connection between the plaintiffs’ alleged injury and the defendants’ actions.

For example, the plaintiffs’ conspiracy-based claims rested on their allegation that the city council deferred to former Mayor Cannon when it awarded taxi service contracts. Cannon, after all, was the chairman of the committee tasked with recommending cab companies for the contracts.

This allegation was not enough to convince the court that the plaintiffs had suffered an injury that could be traced to the defendants’ actions. Instead, the court looked behind this allegation and found the evidence of causation and injury deficient in two ways.

First, the court noted that the city has no power to enter contracts with cab companies without the approval of a majority of city council members. The plaintiffs, however, had sued only one city council member: former Mayor Cannon.

Second, the court noted another problem: the presence of other competitors in the market. As the court pointed out, the plaintiffs were competing not only against the three cab companies that won contracts, but also against five other companies that did not. Under these circumstances, only “speculation and conjecture” allowed the plaintiffs to say that but for the defendants’ actions, the plaintiffs—as opposed to their competitors—would have been awarded a new contract.

Because of these two gaps in the evidence of a traceable injury, the court granted the defendants’ motions to dismiss under 12(b)(1).

Because the court decided that the plaintiffs lacked standing to bring their claims, it did not reach the defendants’ immunity defenses to the 75-1.1 claim. As we have discussed in an earlier post, section 75-1.1 does “not create a cause of action against the State, regardless of whether sovereign immunity may exist.” This rule might well extend to municipalities and their officials. If the court had reached the defendants’ immunity defenses, those defenses probably would have been a difficult hurdle for the plaintiffs to clear. Because of Rule 12(b)(1), however, the plaintiffs never reached that hurdle.

Takeaways

Kahn and Universal Cab underscore important points for plaintiffs and defendants in 75-1.1 cases.

For defendants, a standing argument under Rule 12(b)(1) might give you the opportunity to use materials outside the pleadings. As Kahn andUniversal Cab illustrate, a successful 12(b)(1) argument can have powerful effects.

Plaintiffs can also take a lesson from Kahn and Universal Cab. If you represent a plaintiff, be ready at the outset of litigation with evidence that your client has suffered an actual, traceable injury, in case you need to oppose a Rule 12(b)(1) motion.

Scottie Beth Forbes

Tagged with: Boone NC

NAHA urges lawmakers to drop Whitehead claim

Posted on April 24, 2015 by

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For Greene County News

DAYTON — The National Aviation Heritage Alliance (NAHA) is calling on Connecticut lawmakers to restore their support for the Wright brothers after a major publisher backed off its claim that Connecticut resident Gustave Whitehead flew first.

In a New York Times article published Friday, April 17, the publisher of Jane’s All the World’s Aircraft distanced itself from the March 2013 column that Connecticut lawmakers used to justify a law replacing the Wright brothers with Whitehead as the one to honor for the first powered flight.

The controversial column by IHS Jane’s editor-in-chief Paul Jackson “reflected Mr. Jackson’s opinion on the issue and not that of IHS Jane’s,” the company told the Times. NAHA confirmed the statement with IHS.

“IHS Jane’s has taken a major step back from the position it held in 2013 when we communicated with senior IHS executives,” said Tony Sculimbrene, NAHA executive director. “At that time, in phone calls, emails and by letter, IHS executives gave no indication that IHS Jane’s didn’t stand by the columns written by its editor in chief.”

In an October 2013 letter to IHS President and Chief Executive Officer Scott Key, NAHA and the First Flight Society of North Carolina jointly asked IHS to review the column’s position in light of a statement signed by more than 30 historians and scholars that “the evidence now available fails to support the claim” that Whitehead flew prior to the Wright brothers. The letter included a copy of the historians’ statement.

In December 2013, IHS Industrials Vice President Jonathan Gear replied that “our investigation” of Jackson’s column found he had “followed our editorial processes for fact-based analysis.”

Gear’s letter added, “I recognize that there are opposing views on this historical analysis,” but Sculimbrene said it gave no hint that IHS considered Jackson’s column his opinion alone.

Jackson essentially rewrote aviation history by declaring Whitehead made a powered flight on Aug. 14, 1901 in Bridgeport, Conn., more than two years before Dayton brothers Wilbur and Orville Wright made their well-documented flights at Kitty Hawk, N.C.

In his column, Jackson asserted “a vast cache of documentary evidence” supported his position, but he cited only long-discredited claims, primarily a fanciful report in the Bridgeport Herald—one filled with aeronautical impossibilities and roundly dismissed by aviation historians.

Despite the lack of new evidence, Connecticut lawmakers and the hometown press took the IHS Jane’s column as a seal of approval for the Whitehead claim. In June 2013, Connecticut Gov. Dannel Malloy signed an act replacing the Wright brothers with Whitehead as the person to honor for the first powered flight.

More recently, Connecticut legislators have introduced a bill designating Aug. 14 as Gustave Whitehead Day and one designating his airplane as the state pioneering aircraft. News reports around the world have reported on the issue as if the column raised legitimate doubts about the Wright brothers’ historical legacy.

Meanwhile, the Ohio House of Representatives is considering a bill introduced by State Rep. Richard Perales, R-Beavercreek, that would repudiate Connecticut’s claim. North Carolina previously passed similar legislation.

The IHS statement says Jackson’s column “was intended to stimulate discussion about first in flight” and that “IHS Jane’s made several offers to supporters of the Wright brothers to provide a counter piece to Mr. Jackson’s article, but no one accepted the opportunity.”

“At no time did IHS Jane’s offer NAHA the opportunity to counter Mr. Jackson’s column, and none of several prominent Wright brothers supporters we’ve contacted say they have received such an offer,” Sculimbrene said.

NAHA has asked IHS Jane’s to disclose who was offered a chance to respond.

But Sculimbrene welcomed the change in position. “For a publisher whose credibility depends on accuracy, IHS Jane’s has taken a step in the right direction—away from the Gustave Whitehead myth,” he said. “Now it’s time for Connecticut’s lawmakers to do the same.”

The National Aviation Heritage Alliance (NAHA) is a private, not-for-profit corporation designated by Congress as the management entity of the National Aviation Heritage Area. NAHA’s vision is for the Heritage Area to be the recognized center of aviation heritage tourism and aerospace innovation, sustaining the legacy of the Wright Brothers. It encompasses eight Ohio counties—Montgomery, Greene, Miami, Clark, Warren, Champaign, Shelby and Auglaize.

Visit www.aviationheritagearea.org to learn more about NAHA.

Content provided by National Aviation Heritage Alliance (NAHA).

Tagged with: North Carolina

Georgia Happenings – Florida Times

Posted on April 24, 2015 by

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FRIDAY

Service-Learning Symposium, presentations, 9:30-11 a.m., College of Coastal Georgia’s Stembler Theatre; Poster Showcase, 11 a.m.-2 p.m., Campus Center Lobby; Awards and Reception, 2-2:45 p.m., Mariners Galley Patio. Reservations, (912) 279-5703 or email jcornell@ccga.edu.

Savannah Council on World Affairs, 1:15 p.m., Armstrong State University Campus’ Student Union, 11935 Abercorn St., Savannah. Speaker is Paul J. Magnarella, president of the Association of Third World Students and Director of Peace and Justice Studies at Warren Wilson College in Asheville, N.C., on “ISIS, Turkey and the Changing Middle East.” Free.

“The Peacemaker,” three-masted tall ship tours, 5-8 p.m. Fridays, noon-6 p.m. Saturdays-Sundays, St. Marys Intracoastal Gateway dock, St. Marys and Ready streets. Free. (912) 882-4000, peacemakermarine.com or facebook.com/stmarysga.

Woodbine Crawfish Festival, 5-9 p.m. Friday, 8 a.m.-6:30 p.m. Saturday; festival parade, 10 a.m. Saturday; downtown Woodbine. Includes arts and crafts, children’s activities, a crawfish boil, live entertainment and music. (912) 573-3113 or woodbinecrawfish.com.

“Crippen,” 7 p.m. Friday-Saturday, 2 p.m. Sunday, Theater by the Trax, 1000 Osborne St., St. Marys. $15. (912) 729-1103 or stmaryslittletheatre.com.

Emerging Artists Showcase, 7:30 p.m. Friday-Saturday, 3 p.m. Sunday, Valdosta State University’s Sawyer Theatre, 1500 N. Patterson St. Features an alternating program of student choreography and musical theatre. $15 adults, $12 seniors, $10 children and students; VSU students get in free with valid ID. (229) 333-5804.

SATURDAY

Touch-A-Truck Event, 9 a.m.-1 p.m., downtown St. Marys. Features a fire truck, police car and public works vehicle. Children are encouraged to touch, climb and explore the vehicles. Includes free giveaways. (912) 882-8111.

College 101 for parents and students 10 a.m., Brunswick-Glynn County Library, 208 Gloucester St., Brunswick. (912) 267-1212.

Book Sale to benefit the Georgia Historical Society, member only preview, 9-10 a.m.; public sale, 10 a.m.-5 p.m.; Hodgson Hall. (912) 651-2128 or georgiahistory.com.

Okefenokee Park fun, Okefenokee National Wildlife Refuge, about 11 miles southwest of Folkston, off Georgia 121/23. (912) 496-7836 or fws.gov/refuge/okefenokee.

■ Beginner Birding Hike, 10-11 a.m. Features refuge birders with a guided birding hike along the Chesser Island Boardwalk. All ages and skill levels encouraged. Loaner binoculars available. Bring snacks, water and a camera. Registration required.

■ Owl Prowls — 5:30-8 p.m. Includes a stroll to the Owls Roost Tower and back, learning about nocturnal creatures of the swamp. Bring bug spray, binoculars, water, flashlights. Registration required. (912) 496-7836.

Wings, a program for disabled adults, 1 p.m., Brunswick-Glynn County Library, 208 Gloucester St., Brunswick. (912) 267-1212.

Fun at Crooked River, Crooked River State Park, 6222 Charlie Smith Senior Highway, St. Marys. Parking $5. (912) 882-5256.

■ Wildlife of Our World, 1-2 p.m. Features a meet and greet with the animals who make Coastal Georgia their home. $1.

■ Campfire Fun, 6:30-7:30 p.m. Features a ranger with stories and songs around a campfire. Bring s’mores supplies and roasting sticks. Free.

Dark of the Night Tour, 8-9:15 p.m. and 9:15-10:30 p.m., Orange Hall House Museum, 311 Osborne St., St. Marys. Features a tour with only glow lights to show the way. $15 in advance, $20 at the door. Information, email lesliemarywells@gmail.com.

“The 39 Steps,” 8 p.m. Saturday, 3 p.m. Sunday, Brunswick Actors’ Theatre, 1413 Newcastle St, Brunswick. $25 adults, $10 students. Reservations, (912) 280-0023 or soglogallery.com.

SUNDAY

History Talk, 3 p.m., Fort King George Museum, 302 McIntosh Road, Darien. Features local author Buddy Sullivan on “A Georgia Tidewater Companion: Essays, Papers and Some Personal Observations on 30 Years of Research in Coastal Georgia History.” Lecture followed by a book signing. Book sales to benefit the Ashantilly Center and the Lower Altamaha Historical Society. Free. (912) 437-4473 or loweraltamahahistoricalsociety.org.

MONDAY

Terrific Turtles, 2-3 p.m., Crooked River State Park, 6222 Charlie Smith Sr. Highway, St. Marys. $1, park entry $5. (912) 882-5256.

TUESDAY

Storytime for children, 10:30 a.m. Tuesdays, Brunswick-Glynn County Library, 208 Gloucester St., Brunswick. Free. (912) 267-1212.

Book Discussion, 6-8 p.m., Once Upon a Bookseller, 207 Osborne St., St. Marys. Features author Steve Berry with “The Patriot Threat.” Program followed by a book signing. Free. (912) 882-7350.

WEDNESDAY

Children’s programs: Book Babies for children 6-23 months, 9:30-10 a.m. Wednesdays; Toddler Time for 2-year olds, 10:15-10:45 a.m. Wednesdays; Camden County Public Library, 1410 Georgia 40 E., Kingsland. Both programs feature stories, puppets, finger plays and music. (912) 729-3741.

Okefenokee Toastmasters Club, noon Wednesdays, South Georgia State College’s Student Services Building, Waycross Campus. Information, email oketoast8269@gmail.com.

Golden Isles Book Group, 10:30 a.m., Brunswick-Glynn County Library, 208 Gloucester St., Brunswick. Free. (912) 267-1212.

“Coffee with the Author” series, presented by the Literary Guild of St. Simons Island, 5:30 p.m., St. Simons Island Casino, Room 108, 550 Beachview Drive, St. Simons Island. Features author Steve Berry with “The Patriot Threat.” $10, members get in free. Reservations recommended. (912) 289-7357 or email litguildssi@gmail.com.

THURSDAY

Library Story Time, for children 2-5 years old, 10 a.m. Thursdays, Brantley County Library, 133 E. Cleveland St., Nahunta, with crafts, stories and a felt board, (912) 462-5454; Toddler Story Time for children birth to pre-K, 10:30 a.m. Thursdays, St. Simons Public Library, 530 Beachview Drive, St. Simons Island, (912) 638-8234.

MAY 1

“Georgia on My Mind” Day, 11 a.m.-2 p.m., Georgia State Visitors Center, Interstate 95, Exit 1. Theme is “Fun From Fin to Fork,” promoting Georgia’s unique culinary tourism offerings. Includes exhibitors and giveaways. (912) 729-3253 or email cgallagher@georgia.org.

“Le Chef,” as part of the Literary Guild of St. Simons Island Film Series, 7 p.m., St. Simons Island Casino, 550 Beachview Drive, St. Simons Island. The 2012 French film is in French with English subtitles and is Rated PG-13. $3. (912) 289-7357 or email litguildssi@gmail.com.

MAY 2

Downtown Valdosta Farm Days, 9 a.m.-1 p.m., Lowndes County Courthouse Square, 100 E. Central Ave., Valdosta. Features a farmers’ market, arts and crafts and educational information on eating local, nutrition and food choices. Event is the first and third Saturdays May through September. (229) 259-3577 or ehill@valdostacity.com.

First Saturday on the River, 9 a.m.-6 p.m., River Street, Savannah. Includes live entertainment and arts and crafts. Free. (912) 234-0295 or 234-6400.

Fun at the Fort, 10 a.m., Fort King George State Historic Site, 500 McIntosh Road, Darien. Includes cannon firings, musket drills, hands-on games for children, a scavenger hunt, rolling hoops, tug-of-war, and exploring nature trails. Fort admission, $4-$6.50. (912) 437-4770.

‘Oke’ Archery Days, 10-11:30 a.m. Okefenokee National Wildlife Refuge, about 11 miles southwest of Folkston, off Georgia 121/23. Learn the basics of archery with a skilled instructor, geared towards children 5-15, but open to adults. (912) 496-7836 or fws.gov/refuge/okefenokee.

Fax events to (904) 359-4478 or email events@jacksonville.com. Complete listing at jacksonville.com/calendars. To put your event in the free online calendar, go to events.jacksonville.com.

Tagged with: Asheville

Southport hosts plein air paint celebration

Posted on April 24, 2015 by

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Southport’s Department of Tourism is inviting artists to participate in the outdoor event, organized to support local artists and bring public art to the community, according to Southport Tourism Director Cindy Brochure.

Plein air is the practice of painting outdoors, and it’s proven a popular pastime locally, Brochure said, noting she got the idea for Paint the Town when she met a local artist painting watercolors on the “Safe Haven” movie set. The result was a series of watercolors now lining the walls of local establishments.

At last year’s inaugural Paint the Town, some 40 artists from across the state participated in the two-day event, resulting in increased art sales and visitors to downtown, Brochure said.

Southport is hoping for an even more exciting celebration this year, with new events including a “Meet the Artist Reception” at 6 p.m. that Friday. Visitors will be able to meet the paint-out participants and view their artwork, which will be available for purchase.

On Saturday, visitors will also be able to cast their votes for the Art Newton Plein Air People’s Choice Award, a brand new honor created to highlight local plein air artist Art Newton and local painters following his example.

A “Wet Paint” sale is scheduled from 4-5 p.m. Saturday on the lawn of the Fort Johnston-Southport Museum and Visitors’ Center, 203 E. Bay Street, behind the N.C. Maritime Museum.

One of last year’s participants was Tesh Parekh, a Raleigh-based artist originally from India, who has been working full time as an artist since 2009, painting scenes at special events such as weddings and birthdays.

Parekh enjoys traveling across the state and painting en plein air and has been to Southport many times, he said recently.

“Southport paint-outs are very artist friendly,” Parekh said. “The town of Southport makes artists feel welcome and at home.

“For artists who are new to plein air, the Southport paint-out will provide the opportunity to paint with and learn from many experienced artists. Experienced artists will find many subjects worthy of painting,” he added.

Parekh said he has always done well in selling his paintings and appreciates the town for its commitment to the art community.

Interested in participating? Artists of all ages are welcome to paint in the following categories: drawing/pastels; oils/acrylics; and watercolor.

Artists are encouraged to visit www.cityofsouthport.com to register online. No registration fee required.

For more information, please contact Cindy Brochure at (910) 523-6124.

Community News: 343-2364

On Twitter: @StarNewsOnline

Tagged with: Raleigh