Local businessman again sues town of Sylva, Searcys, P&M

By Lynn Hotaling

Wayne Smith again alleges the town's action to close Broad Street has caused him "irreparable harm" and effectively destroyed his plans to build a trailer park near First Charter Bank. Town officials have countered with a motion to dismiss the suit.

"Different day, same stuff," town attorney Eric Ridenour said of Smith's Aug. 21 suit, which alleges Sylva officials acted improperly when they closed Broad Street last April.

In the original complaint, Smith charged the town and defendants Marie Searcy, Larry Parris and James Messer, along with their corporate entities, with conspiracy with regard to the street's closing.

That allegation has been eliminated from the current suit, which does not name individuals Searcy, Parris and Messer as defendants but does name their corporations: Nuhart, which is owned by Searcy and her husband, James; and Pameco, the corporate name of partners Messer and Parris, who own P&M Automotive in Sylva.

Smith's suit alleges that the town's action to close Broad Street deprived him of access to his property, which is located at the ends of Bridge and Broad streets. The complaint itemizes more than $226,000 Smith says he spent on improving the property for development.

The current suit, filed by attorney Bill Coward of Cashiers, charges the town with taking Smith's property without just compensation. It further alleges that Sylva officials failed to follow "procedural requirements" listed in state statutes with regard to the public hearing and subsequent board action that closed Broad Street.

Ridenour said town officials acted as specified by state statutes.

"We read them first and did everything we could to comply," Ridenour said. "The biggest issue is notice to landowners, and we gave personal notice and advertised the hearing in the newspaper. The only person who objected was Mr. Smith."

Smith's suit asks the court to declare the April closing of Broad Street "to be void and of no further force and effect." He seeks damages of more than $10,000 and costs, as well as an injunction allowing him to access his property via Broad Street pending the outcome of the suit. The complaint requests a jury trial.

Ridenour's motion to dismiss, filed on the town's behalf, is based on Smith's failure to pursue administrative appeals provided under N.C. General Statutes and his failure to appeal the street closure within the 30-day time period specified.

The suit indicates that adjoining landowners Nuhart and Pameco were named as defendants because of "possible interest in or claim to the property formerly known as Broad Street." "From looking at the complaint, it appears that this dogfight is between Wayne and the town of Sylva," said attorney Tom Jones of Sylva, who represents Pameco.

Neither Coward nor Nuhart attorney Randy Seago of Sylva could be reached for comment. 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 decision pending the outcome of litigation between Smith and adjacent property owners Marie and James Searcy.

Though Broad Street historically was town-maintained only from its origin on West Main Street between Performance Motors and P&M Automotive 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 to prevent Smith from accessing his property from Broad Street. But 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 except Smith.

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