Judge rules Smith's suit should continue

By Lynn Hotaling

Though Judge James Downs ruled in the town's favor on two of three issues June 21, he declined to rule on the question of whether the town acted properly when it closed Broad Street in April 2000 and whether that action deprived plaintiff Wayne Smith of reasonable access to his property.

The two causes of action denied by Judge Downs were Smith's request for damages and his charge of inverse condemnation, a claim that the town had taken his property without compensation.

Judge Downs heard motions for summary judgment from both the plaintiff's attorney, Bill Coward of Cashiers, and defendant's attorney, Eric Ridenour of Sylva.

A request for summary judgment asks that a judge consider the evidence and make a ruling based on undisputed fact and applicable law, Ridenour said.

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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