(Like I said, THIS AIN’T OVER! It will probably end up in federal court before Free Speech on Private Property is protected. But NEVER count on a court to protect your rights!- DD)
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(Post and Courier) – Those flying the Confederate banner along I-85 suffered a defeat in court, but their attorneys said they don’t plan to raise a white flag.
Judge Mark Hayes ruled Feb. 20 that a notice of violation Spartanburg County issued against the 120-foot flagpole is valid and the county Board of Zoning Appeals abused its discretion when it overturned the notice in January 2023.
Attorneys for the landowner filed a motion to reconsider. There was a subsequent hearing, and Hayes indicated April 5 that his initial ruling would stand.
An attorney for the property owner told The Post and Courier it will appeal this ruling. A county spokesperson did not respond to a request for comment.
It started when less than an acre of land near the end of Teaberry Road changed hands in December 2019. It was an end-of-year gift to Adam Washington Ballenger Camp No. 68, the Spartanburg chapter of the Sons of Confederate Veterans Inc.
While tucked away on a seldom-used road just behind the tree line, the property sits close to where Interstate 85 and I-85 Business intersect. More than 80,000 cars pass by daily.
Robert K. Merting, an attorney for the new owner, emailed County Building Codes Director Gregg Hembree on Oct. 12, 2020, to see if a permit was required to raise a flagpole. The next day, Hembree responded: “No permit is required for a flagpole.”
Subsequent conversations with code officials received the same response, the camp reported, although they required a permit for electrical work at…
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