Judge orders Smith to surrender information

By Lynn Hotaling

Judge James Downs told Smith and his attorney, Bill Coward of Cashiers, to supply a title insurance agreement and financial records requested by attorney Eric Ridenour on behalf of the town.

Smith's suit alleges the Sylva Town Board's April order to close Broad Street before it reaches Smith's property line effectively destroyed his plans to build a trailer park near First Charter (formerly Community) Bank.

Ridenour sought and received access to information he said would show Smith deeded away access to his property via Bridge Street before contesting the town's decision to close Broad Street. The defendant's answer to the lawsuit contends that Smith conveyed the property at the end of Bridge Street to an employee, Bobby Ray Steele, without receiving financial compensation from Steele. The judge did not grant Ridenour's request to see other real estate agreements between Smith and Steele.

Coward objected to granting the defendants access to IRS and payroll records pertaining to Steele, saying that the request was an attempt to embarrass his client.

"That's going down a slippery slope - taking a private matter and making it public and parading it in the newspaper to embarrass my client," Coward said. "This is a high-profile case in Sylva. Everything that's said here today will probably be on the front page."

Judge Downs granted Ridenour access to the information but imposed confidentiality, saying none of Steele's financial records could be disseminated to any third party.

In opposing the release of other information, attorney Coward said the motives behind Smith's actions were irrelevant to the facts of the case.

In granting Ridenour's requests, the judge said it would be up to the trial judge to determine the information's relevancy.

"Produce (the documents) without waiving your objection," Downs told Coward. "Let the trial judge decide relevance."

Smith's suit against the town also names as defendants James and Marie Searcy and P&M Automotive owners James Messer and Larry Parris. Judge Loto Caviness Oct. 9 denied the defendants' motions to dismiss Smith's suit. At that time a temporary agreement was worked out that allows Smith limited access across Broad Street to his property.

The controversy involving Smith and the town of Sylva first surfaced during an October 1999 board meeting when Smith asked town officials for a ruling on Broad Street's status. Sylva Mayor Brenda Oliver postponed a ruling pending the outcome of litigation between Smith and the Searcys, who own property adjacent to Smith's.

Though Broad Street historically was town-maintained only from its origin on West Main Street between Performance Motors and P&M to First Charter Bank, a right of way for the remainder of the street was platted about 1924. On some maps the Broad Street corridor is shown intersecting with Bridge Street, which leaves West Main between Taylor Auto Parts and the Merita Bread store.

The Searcys obtained a court order in September 1999 to prevent Smith from accessing his property from Broad Street. Judge Richlyn Holt dissolved the restraining order in February and granted Smith access via Broad Street. Judge Holt's preliminary ruling stated that a town's acceptance and maintenance of a portion of a street constitutes acceptance of the street as it is fully platted.

The Searcys then dropped their lawsuit and Marie Searcy asked town board members in March to close Broad Street at First Charter Bank. Smith had previously requested that if Broad Street extended to his property, it be closed at that point.

At the town's public hearing prior to closing Broad Street, those in favor of the move included representatives of all affected businesses and property owners, with the exception of Smith.

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