concurring specially.
Although I concur fully in Division 1 of this opinion, concerning Case No. A02A1859, and in Division 2 of the opinion concerning Case No. A02A1858,1 cannot concur in all that is said in Division 3 of the opinion. Nevertheless, because I believe the opinion reaches the result required under our law, I must concur also in the judgment.
*705Decided February 28, 2003 Reconsideration denied April 3, 2003 Brinson, Askew, Berry, Seigler, Richardson & Davis, Robert L. Berry, Jr., Kristy L. Cordle, for appellants (case no. A02A1858). Michael T. Thornton, for appellant (case no. A02A1859). William L. Lundy, Jr., for appellee.