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Developer. says .deedrules will be enforcedu

Deed restrictions,prohibit flags'

By BRENT CHILDERSNews-Topic News Editor'GRACE CHAPEL - A developer said,

'Monday that a resident in a Hunicane HillRoadsubdivision willhave to complywith thesubdivision's restrictions -'including not fly- 'ing any flags. " ', Dan Warren, who has an interest,in DeepGapProperties, said the issue isn't abOlifthe 'Afnericim flag or patriotism but simply fol-lowing the rules by which all other propertyowners in the subdivision must abide. .One prbpertyowner, Robert G.,McClure '

Jr., said Saturday that he was not informed ofthe restrictions and he is going to fight tokeep his American flag flyiJ)g,McClure, a Vietnam era veteran, has an

American flag and a Confederate flag on a 'fl.gpo!e in his yard at his residence.'Last week, he received a letter. from an

attorney representing Deep Gap Propertiessaying the flags were in\'iolati6n of the sub-

~vision'srestrictions. . .'The letter also cited two other violations,

alleging McClure has a flat roof, over hisporch 'and a fence that is out of compliance.'McCluiewas'sent a copy, of the restric-

tions that' were plated on file with theCaldwell County -Register of Deeds in Jilly2CKKl. 'The restrictions prohibit any flags or flag-

stands 'on the premises or the display of anyflags or banners. It also prohibits flatroofs onany porches and prohibits fencing'unless thefence ends ~t a point parallel to the front of, the house.

DEED continues on page 13

• " ... •

TUESDAY, APRIL 24, 2001 1~

R,N.C.

DEED read no flags.He said he is committed -to

keeping the subdivision clean,neat and free of complaints andthat the onlyway to ensure that isthrough the restrictions.McClure says he was never

shown a copy of the restrictionsfrom the' Granite Falls offices ofOakwood Mobile Homes, fromwhich he purchased' the homeand land as a package deal.Regardless ofwhether he was

shown the restrictions, Warrensaid the legal fact is that therestrictions have been 'on filesince July 2CKKl.He said the restrictions will be

enforced, including 'court action ifnecessary.McClure said he is not backing ,

down and is williIigto go to jail tokeep his American flagflying.

Continued from page 1 banner.McClure's fence eitends to McClure said he at first was

the property front, according to flying only the American flag but,, the letter from the attorney. now is also flying the Confederate

Warren, who was involved in flag.the purchase and selling ofland in . McClure flying thethe Hurricane Hill Road area for' Confederate flag is an example,ofmobile home suhdivisions; said Warren's argnioent. 'Monday that the restrictions 'are The Confederate flag in recentin place to 'protect other subdivi· national news reportS and somesion residents from appearances polls'has been shown to be agym-or activities that might be offen' bol of racism for many African-sive' Americans - who relate the flag toWarren Sa1'~de is "certainly" the injustices of slavery and other

not against th merican flag but forms of hatred against blacks.that by law s 'vision restric- While .it is not known if theretions cannot single out anyone are African-Americans living intype of flag _ tl!erefore the Ian- the Hurricane Hill Road subdivi-guage must read all flags. sion, it: is conceivable that, theWarren said ,it is conceivable Confederate flag could prompt

someone could fly flags or bari-:_.complaints - either from blacks or.ners that some residents might whites.find offensive, such as a Nazi Warren said such an exampleemblem or a Gay and Lesbian is why the deed restrictions must

SERVINGC

Resident·ready tofight .....for tl(ig .

"I'lltake it to the limit.Even if it means ashooting war."

DISABLED VETERANROBERT G. McCLURE JR.

BY BRENT CHILDERS .News-Topic News Editor

GRACEcHAPEL - RobertMcClure Jr. is not a happyveter:an.The flag that he risked his life .

for during two tours. in Vietnamcannot fly at his residence on

•. Hurricane Hill Road in GraceChapel. according to a letter hereceived from a Lenoir attorney.. To say that McClure is angryover .the matter is an understate-went. .

i 'That flag I fought for," saysMcClure. "If they keep it up,there's going to be another RubyRidge." ;Why would a disabled vetenin .

not be allowed to fly the Americanflag? ..The'reason is a deed Testric-

tion, according to an April 18 let-ter McClure received from theLenoir law firm of Carpenter, Bast .and Cartee. . .The letter cited the flag:related

deed restriction that was filedwith the CaldwellCounty RegisterofDeeds in July 2000."There shall.be no flagj)(>!e'sor.

FLAG continues on page 9A

. '.' PAT TALLENT/NEWS-TOPIC

Ro~ert G. McClu(e Jr. is flying the American flag upside downor u~der distress" because he believes his right to fly the flag'IS being demed. A deed restriction, which he says he neversaw, prohibits any flags in the Hurricane Hill Road subdivision.

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lots in the Hurricane Rill Roadarea for· mobile home subdivi-.sions. Residents in the GraceChapel community complained ofover development· and theCaldwell County Board ofCommissioners adopted a subdi-vlsion moratorium to give thecounty and the community time tostudy the issue.It was too late to halt the devel-

opment that was already under-way.

to jail,"be said. "It doesn't matter."I11take it to the limit. Even if

it means a shooting war."McClure said he has contacted

. the Veterans of Foreign WarsryFW) and the American CivilLiberities Union for advice.While the American flag was

what prompted the letter from theland company, McClure said hehas since been flying theConfederate flag as well.

It is not known whether thedeed restrictions placed onMcClure's property was due tothe development controversy.McClure, a former. Army

sergean~ doesn't care:All he knows is that the flag

isn't coming down.He says he realizes he could

be fined on a per day basis andthat eventually a judge couldorder him to comply."I'll be in contempt and I11go