The Baytown Sun (Baytown, Tex.), Vol. 77, No. 88, Ed. 1 Wednesday, February 10, 1999 Page: 1 of 16
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News, 3-A I What’s Inside I Opinion, 4-A
College Day
Students put in touch
with local colleges
Bulletin Board..
,2-A
Opinion......
...4-A
Classifieds.......
..SB
Police Beat...
... 2-A
Comics........
,.3-B
Sports.......
...1-B
Obituaries.....
. &A
Television ....
... 4-B
Jane Howard
Diabetes takes
a heavy toll
Wht Partoton limn
Volume 77, No. 88
Telephone Number: 281-422-8302
Wednesday, February 10,1999
Baytown, Texas 77520
50 cents per copy
City removed
as defendant
in lawsuit
over car wash
By JEFF RIGGS
The Baytown Sun
Thanks to a pair of summary judgments
awarded by Judge Mark Davidson, the
long-awaited trial between Country Club
Oaks residents, a land developer and a busi-
nessman, over a proposed car wash will go
on in a more streamlined manner on Feb.
16.
The city of Baytown will not, however,
be one of the defendants in that suit.
Davidson effectively removed the city
from litigation in this matter when he grant-
ed its summary judgment for dismissal.
However, Wade Sinclair, the car wash own-
er, and Emmett Hutto, developer of the sub-
division, continue to be named as defen-
dants.
Plaintiff’s grievances against Hutto were
significantly reduced when Davidson grant-
ed one summary judgment as it applies to
the assertion of fraud. However, a summary
judgment as to violations of the Texas De-
ceptive Trade Practices Act was denied.
Ignacio Ramirez, Baytown City Attorney,
says the city “showed the judge that we
didn’t do anything wrong.”
“The city’s zoning ordinance has with-
stood the test,” he says. “It was the first
challenge of the zoning ordinance. The city
did everything it should have done in im-
plementing the ordinance.”
Cindy Diggs, attorney for residents of the
Country Club Oaks subdivision where Sin-
clair wants to build a car wash, says the trial
will become “less complicated,” as a result
of the city’s removal from the trial.
“Our overall strategy will remain the
same,” she says. “Witnesses will be called
to argue the car wash is inappropriate for
that neighborhood.”
, Sinclair’s summary judgment on the nui-
sance issue was denied.
“We will go to court on the issue of Mr.
Sinclair,” Diggs says.
Sinclair says the results of his summary
judgment are not surprising.
“I expected it,” he said. “I just think the
judge wants a trial to decide. We’ll just
show what we have to show the judge.”
Hutto’s attorney Ted Powell says “the
court did the right thing with respect to the
fraud claims.”
“I think it is sad that the claims of fraud
were ever brought against Mr. Hutto. There
was never any proof whatsoever.”
As for the claim that Hutto indulged in
deceptive trade practices, Powell said “I
think that those should and will ultimately
go the same way.”
The trial will be held Feb. 16 at 9 a.m.,
room 209 in the Harris County Civil Courts
building, 301 Fannin.
V V.
Sun wins award
For the sixth consecutive year,
The Baytown Sun has taken first
place in the Southern Newspapers
Publishers Association Literacy
Contest.
The Sun took first in the Under
30,000 circulation editorial divi-
sion for a Sept. 6, 1998 editorial
headlined “Volunteer to share
some of the magic of reading with
others.”
This marks the first time The
Sun has won in the editorial cate-
gory of SNPA competition. The
Sun has now taken first in each
one of the SNPA categories.
Jj • , , __
Les Bon Temps Rouler
Photo by Carrie Pryor-Newman
LaVerne Ainsworth and Paul Lemmon dance the morning away at
Tuesday’s Mardi Gras party at the Baytown Community Center.
About 400 senior citizens turned out tor the event which was spon-
sored by Lee College, the city of Baytown and County Commission-
er Jim Fonteno.
Nick Armstrong
‘brought light’ to
all who knew him
Workshop to look at
smoking amendments
Baytown City Council will further discuss proposed amendments to the
smoking ordinance during a work session at 5:15 p.m. Thursday in the
Don M. Hullum Conference Room at city hall.
Council decided at the previous work session to discuss the proposed
amendments and have the city staff find more up-to-date scientific data
concerning the affects of second hand smoke. The proposed amendments
to the smoking ordinance are not on the agenda for council to consider
approving Thursday.
Other topics council will discuss in the work session include:
• Yard Waste Program.
• Proposed Police Academy.
• Use of city’s Firearms Training Range by the DEA.
• Discussion of appointments.
Council’s regular session meeting at 6:30 p.m. Thursday at city hall
will be brief with only two proposed ordinances to consider. One ordi-
nance for consideration is for the authorization and renewal of an agree-
ment with P.M. Construction and Rehabilitation, L.P. for the Annual San-
itary Sewer Rehabilitation Contract 1998-1999. The other ordinance up
for consideration is Change Order No. 2 and final payment for the Baker
Road at Hutto Boulevard Lift Station and Force Main contract.
Council will also consider:
• A proposed ordinance for the 1997 Edition of the Standard Building
Code and the Standard Fire Prevention Code.
• A proposed ordinance authorizing the First Amendment to the 1997
License Agreement with the United States Department of Justice, Drag
Enforcement Administration, Houston Field Division for the use of the
city’s Firearms Training Range.
• A proposed ordinance renewing annual leasing of vehicles contract.
• A proposed ordinance accepting proposal and approving for Contract
Labor NT System Administrator for Harris County Organized Crime
Narcotics Task Force.
• A proposed ordinance awarding bid on sole source basis for repair to
an aerial device on a reserve ladder fire track.
• A proposed resolution appointing the Community Development Ad-
visory Committee members to serve as the Complete Count Committee
for Census 2000.
• A Proposed resolution endorsing Guiding Principles for Cleaner Air
for the Houston-Galveston Area Region.
ByMABENCTSON
The Baytown Sun
In life, Nick Armstrong brought light into the
lives of all who knew him. In death, he will
bring life to many who will never know the joy
of his friendship.
Armstrong, a student at Southwest Texas
State University in San Marcos, was just 21
years old when when he suffered a fatal beating
last weekend.
His parents, George and Becky Armstrong,
decided to make their son an organ donor in the
belief that this is what he would have wanted.
Those who best knew the younger Armstrong
confirm the wisdom of their decision.
“He is the same age as my kids. We grew up
with the Armstrong family,” says Sally Black,
head of the math department at Ross S. Sterling
High School, from where Nick Armstrong
graduated in 1996. “I know they have donated
his organs and, in doing that, Nick lives on.”
Black went on to describe Nick Armstrong as
a fun-loving kid who grew into an exemplary
young man.
“He understood how to be a leader, but he
didn’t always have to lead. He was always a
team player,” Black says. “His younger brother,
Josh, is here at Sterling now. Our kids at Ster-
ling are experiencing a lot of sadness for Josh.
They don’t understand this. None of us do. It’s a
senseless loss.”
Mike Manley, who coached Nick Armstrong
in football, described him as an all-American
kid who always had a smile and never missed a
practice.
“He had this smile -1 don’t know how to de-
scribe it - it was like turning a light switch on,”
Manley says. “When they were cutting up in the
locker room, he was in the middle of it. Nick
■ This is a tragic loss shared by us all,
Page 4-A.
was liked and loved by everyone.
“He was respected by his coaches and his
peers,” Manley adds. “He was very loyal to his
friends. He grew up with a group of kids that
started at elementary and they are still together
today. He was a prince of a kid.”
Merle Epperson, long-time choir director at
Grace United Methodist Church, the Armstrong
family’s church, was expansive in his praise of
Nick Armstrong.
“I was here when he was bom. I’ve known
him all his life.” Epperson says. “He was very
talented, very theatrical, a natural actor. He was
a natural-bom leader of anything he did.”
Each year, since he was in the sixth grade,
Nick Armstrong participated fully in the
church’s Youth Choir, the Joyful Noise Band
and dramatic musicals.
And, as if that wasn’t enough, he also joined
other students in the U.M. Army, young
Methodists who work each summer to repair
the homes of the disadvantaged.
With the donation of his organs, Nick Arm-
strong’s family is not only giving the gift of life
to replace the one that was taken away, his fami-
ly will be sharing the love and concern for peo-
ple that most identified their son.
“We would like people to know that Nicholas
Armstrong was a very loving and caring person.
His faith in Jesus and love of other people made
him a very special individual who was loved by
everyone who knew him,” a statement issued by
the family reads.
“We are assured by our faith that his life and
death will stand for very positive things in many
people’s lives.”
Suspect found dead in Van Zandt
The 21-year-old suspect in the beating
death of Nicholas Armstrong was found dead
Tuesday afternoon, the victim of an apparent
suicide in the community of Van Zandt south-
east of Dallas.
Jeremiah Marshal Wilkerson was being
sought by San Marcos and state police as a
suspect in the beating death of Armstrong ear-
ly Monday at a fraternity house at Southwest
Texas State University in San Marcos.
San Marcos police Chief Steve Griffith said
he received a call at about 6 p.m. Tuesday
from Wilkerson’s parents and confirmed the
information with Van Zandt police.
Griffith had no additional details about
Wilkerson’s death.
“We regret that this terrible tragedy has pro-
foundly touched the lives of two families and
at least two communities,” Griffith said.
On Tuesday, San Marcos police questioned
witnesses in the case and sought an arrest,
warrant for Wilkerson, a former SWTSU stu-
dent.
San Marcos police learned of Wilkerson’s
death before the arrest warrant was issued.
Police are continuing their investigation into
Armstrong’s death. Police are not ruling out
that other people may have been involved.
One of two missing
girls returns home
News tip? Call 281-422-8302
www.baytownsun.com
By PAUL GANNON
The Baytown Sun
Fourteen-year-old Rachel McCormack, one
of the two Mont Belvieu girls who ran away
Sunday, returned home to her mother Tuesday
morning, says her father John Holt.
However, her 13-year-old cousin is still
niissing.
Rachel McCormack was brought home at
8:30 a.m. Tuesday from Houston to her moth-
er Stephani McCormack, who lives in Mont
Belvieu.
She is now back with her family, after fami-
ly members spent two days searching and
posting signs around the Baytown-Mont
Belvieu area that the two girls went missing
Sunday.
John Holt spent most of the day Monday
driving around Baytown posting signs, with
pictures of the girls on them and phone num-
bers to call. One of the phone numbers was to
a cell phone he kept with him as he searched,
hoping someone would call with information
of the girls’ location.
Mont Belvieu police Det. Asa Cole was also
was searching for the two runaways Monday.
He says he was trying to contact people who
knew the girls to find out where they might
have gone.
Rachel McCormack’s cousin, 13-year-old
Donya Holt, who also ran away Sunday, has
not yet returned home. John Holt, the missing
girl’s uncle, says she was last headed for
Cleveland, presumably by bus. Anyone who
has seen Donya Holt or knows where she
might be, should call Mont Belvieu Police
Dept, at 282-576-2021.
For home delivery, call 281- 422-8302
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Dobbs, Gary. The Baytown Sun (Baytown, Tex.), Vol. 77, No. 88, Ed. 1 Wednesday, February 10, 1999, newspaper, February 10, 1999; Baytown, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1020284/m1/1/: accessed July 12, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting Sterling Municipal Library.