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Smith, Searcys still at odds over Broad Street's status

By Lynn Hotaling
Developer Wayne Smith's trailer park Herald photos by Lynn Hotaling

A simmering controversy over the status of a town street may be settled early next month by Sylva's board. At issue is whether a portion of Broad Street (below), shown on deeds and maps but never constructed, is really a town road. Developer Wayne Smith, who is building this trailer park (above) near Nantahala Power's downtown substation, contends Broad is a public thoroughfare and that he can use it to access his trailers. James and Marie Searcy, whose accounting business is located in the house at right, maintain Broad ends before reaching their property and want town leaders to validate their position by closing the street at Community Bank.

A controversy that first surfaced in October may be headed toward resolution.

Sylva officials, faced with conflicting views on the status of a town street, set a Thursday, April 6, date to take public comments concerning Broad Street, which exists only on paper for a portion of its length. Action on the street's status could take place that same night.

Despite saying in both October and November that she preferred to take no action until pending litigation is resolved, Mayor Brenda Oliver scheduled the hearing after Marie Searcy repeated an earlier request to close the street by Community Bank, before it enters her property. All other Broad Street property owners, with the exception of Wayne Smith, who owns property adjacent to the Searcys', have joined her in the request, Searcy said.

Smith then requested the town close the street past the Searcys' - after it enters his property. Mayor Oliver said comment on that option would be taken April 6 as well.
Portion of Broad Street shown on deeds and maps but never constructed Smith took issue with an affidavit Mayor Oliver signed that was entered as evidence in the Searcy/Smith suit. He contended that Oliver's statements were improper in that she spoke for the town on a question -whether Broad Street exists as drawn - the board had tabled.

In general, the affidavit states the mayor's familiarity with town streets and their historical location and uses; the statement Smith objected to is No. 5: "As mayor of the town of Sylva, on behalf of the town, this is to verify that the town does not claim that Broad Street extends from point marked A (end of bank property) to B (point on Smith's property) on the attached map."
Town attorney Eric Ridenour said there was nothing procedurally incorrect about Oliver's signing the statement. The mayor was attesting to the historical fact that the portion of Broad Street past Community Bank had never been claimed, used or maintained by the town, he said.

Mayor Oliver was subpoenaed and therefore required to testify, she said. The affidavit was in lieu of a courtroom appearance.

Smith first asked board members in October to decide the status of Broad Street, which is town-maintained only from its origin on West Main Street between Performance Motors and P&M Automotive to Community Bank. A right-of-way for the remainder of the street was drawn and platted in 1924, Smith said, and the street corridor was given to the town at some point. If the platted Broad Street is a town thoroughfare, Smith said last fall, then he intends to use it to access a trailer park.

The Searcys, who own an accounting business located between the bank and Smith's trailer park, maintain that Broad Street historically has ended at the bank and therefore Smith has no right-of-way across their property. The couple, using their corporate name, Nuhart Corp., filed suit against Smith last October, charging him with trespassing.

Though the Searcys obtained a temporary restraining order last September that prevented Smith from "modifying the terrain" of the Searcys' property or using any part of the Searcys' land for access, Judge Richlyn Holt last month lifted that order, according to Smith's attorney, Jay Coward of Sylva. Because the judge denied the Searcys' motion for a preliminary injunction, Coward said, Smith is now free to access his property across the Broad Street right-of-way.

The Searcys have since dropped their lawsuit.

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