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11/20/02

Macon buys 17-acre tract

By Don Hendershot


Macon County commissioners are going to buy 17.7 acres along the Cullasaja River near the Little Tennessee Greenway.

Sam Greenwood, county manager, said the tract — which the county board agreed Nov. 18 to buy — is located along the Cullasaja just above the confluence with the Little Tennessee. Funds the county received a few years ago from the Clean Water Management Trust Fund were used. Greenwood said CWMTF money would also be used for streambank restoration and to prevent sedimentation. The property cost $253,800.

There are restrictions on how the property can be used, but nonintrusive purposes like practice fields are within the guidelines.

The board also discussed the Nativity scene that is placed at the courthouse each Christmas. The county received a letter from the American Civil Liberties Union because last year’s Nativity at the courthouse contained only religious references.

According to county attorney Richard Jones, the letter is similar to one the county received a few years back. He said that letter was prompted by a complaint that the Christmas scene at the courthouse was purely religious. He said the letter cited several court cases the ruling of which upheld the separation of religious and governmental functions.

“In practicality, we can still have a religious scene, but it can’t be solely religious no matter what religion. But the rule has been watered down so we can have what we want — Christ in Christmas — as long as there are some other displays generally recognized in conjunction with Christmas,” Jones said.

He said the scenes the county had presented for the past five to seven years were perfectly acceptable and legal. Jones said last year’s display lacked the non religious items, “and we got another letter of complaint.”

Jones said he recommended the county take steps to head off any confrontation. “It was my feeling we might have been set up as a test case, and I didn’t want to be in a case we couldn’t win.”

Gail Chapman, speaking for the Streets of Franklin Heritage Association, the group in charge of the display, said they could move it to private property and keep it solely religious. Chapman said the group could move the display to a site in front of the Conley building and, “enlarge it and make it a focus point.”

Others at the meeting urged commissioners to keep the scene at the courthouse.

“I prayed in the East Franklin cafeteria as a child. We know the law. We have freedom of religion. We can have our religion as well as other displays. I want to keep it [Nativity scene] on my government steps and have the reindeer and Santas too,” said Dana Sanders.

Chairman, Harold Corbin said he agreed with the people who spoke. “We need the Nativity at the courthouse,” he said.

The motion carried unanimously.

“The ball’s in your court,” Corbin told Chapman, “and I think you heard the will of the people.”