Judge orders Smith to pay costs

By Lynn Hotaling

Judge Thomas Seay last week ordered Smith to pay the town $1,941.50. In so doing, Judge Seay agreed that there was "no real issue," said Eric Ridenour, attorney for the town. Smith could not be reached for comment before presstime.

Smith's suit claimed 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.

Though the town and other defendants had filed motions to dismiss Smith's suit, the complaint was dismissed July 31 at the Smith's request.

Smith re-filed his suit against the town and other defendants (James and Marie Searcy and P&M Automotive owners James Messer and Larry Parris) Aug. 21. 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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