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Smith sues Sylva for closing Broad StreetBy Lisa Majors-Duff |
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A Sylva businessman says a recent move by the town board to close a street has effectively destroyed his plans to build a trailer park near Community Bank.
Wayne Smith filed suit against the Sylva Town Board last week, claiming its recent order to close Broad Street has deprived him of access to his property, which is located at the ends of Bridge and Broad streets. His suit further names Sylva business people Marie Searcy, Larry Parris and James Messer as property owners in the same general area. According to the suit filed by attorney William Coward of Cashiers, Smith "expended a very substantial sum of money for improvements to [his] property." Then, in September, Searcy attempted with a court order to prevent Smith from accessing his property from Broad Street. But the temporary restraining order obtained by Searcy was dissolved this past February. The claim goes on to say that Searcy and town officials "conspired to close Broad Street... to obtain the relief that [Searcy] could not obtain" through the courts. "The actions of the defendants... have deprived [Smith] of all reasonable use of [his] property and therefore such actions constitute a taking of [his] property without just compensation, in violation of the constitutions of the United States... and North Carolina," the suit says. Smith says closing Broad Street has cost him in excess of $10,000, for which he is seeking relief. "(The town board) needs to treat me the same as they do the rest of the business community," Smith told The Herald Tuesday. "They are just trying to destroy my rental business by closing Broad Street and other ways I can't discuss right now. "The town is using the good-old-boy system, and I'm not in their system," he said. "(The suit) is ridiculous," town board attorney Eric Ridenour said. In addition to punitive damages, Smith's suit requests that the court declare the town's order to close Broad Street be null and void. At the town's public hearing to take comments on closing Broad Street, those in favor of the move included the owners of Community Bank, O'Malley's, Searcy Accounting, Performance Motors, Tim Green Excavating, Green's Auto Service, Donaldson's Roofing and P&M Automotive. An area resident in favor of closing the road was also present. In addition to needing the road to stay open to access his rental property, Smith said an agreement he had with Waffle House to locate between McDonald's and Green's Auto Service indicated that the national chain would prefer to access their restaurant from Broad Street. To the suggestion that Smith use Bridge Street to access his property, he said Tuesday that's not an option. Smith said he sold the property at the end of Bridge Street to a friend who lives in Franklin and now has no access across it. Those named in the suit have 30 days in which to respond. |
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