Odom's appeal heard in court
By Francis X. Gilpin
The Sandspur
Hope Mills Commissioner-elect Tina Odom could find out by the end of the week if she can take office.
A post-election challenge to her town residency went to Cumberland County Superior Court on Monday.
Senior Resident Judge E. Lynn Johnson announced at the conclusion of 40 minutes of lawyer arguments that he hopes to rule by Friday.
After Odom was elected in November, Hope Mills resident William Speight challenged whether his neighbor lives in the town.
The county Board of Elections upheld the challenge in December, ruling that Odom didn't live at 4664 Legion Road - an address inside the town limits where she registered to vote before the 2009 election.
The board's decision was appealed by Odom to Superior Court.
Odom has a home business permit from the town to run Biltmore Construction and Realty at the Legion Road address.
Speight's challenge said Odom lives at 4379 Cameron Road, outside of Hope Mills in unincorporated Cumberland County.
Odom lawyer James C. MacRae Jr. told the judge on Monday that any question about his client's residency should have been settled before Hope Mills voters cast their ballots Nov. 3. Speight filed his challenge Nov. 12.
"None of this was challenged until after the election," MacRae said. "The challenge was made untimely."
MacRae argued that elections board members failed to establish that Speight himself lived in Hope Mills for the purposes of the record of their December proceeding.
But MacRae withdrew that objection when Johnson suggested the court could send the matter back to the board, perhaps keeping Odom in limbo past this week.
Deputy County Attorney Harvey Raynor III, representing the elections board, urged the judge to keep the focus on where Odom lives.
"This is not about the election whatsoever," Raynor said.
But Hope Mills commissioners are unlikely to seat a would-be colleague who has been declared a nonresident by a court.
While the controversy has raged in Hope Mills, the town board has been one commissioner short.
If that situation persists with a final ruling against Odom, Town Attorney John Jackson said the Hope Mills board would declare the seat permanently vacant.
Town commissioners could then proceed to fill the opening themselves, Jackson said, as if one of them had resigned from office. Any town resident could be chosen by the town board to serve out the term, he said.
Staff writer Francis X. Gilpin can be reached at gilpinf@fayobserver.com or 486-3587.