Final Judgment Ordered in Cherokee County Nuisance Case

After an extensive history of disturbances, drug violations and overdoses, and numerous calls to the Cherokee County Sheriff's Office, the Martins Creek community should soon see long awaited changes. On August 6, 2024, Superior Court Judge Tessa Sellers entered a Default Judgment and Final Order of Abatement for a Chapter 19 Nuisance Abatement action against the property owners of 31 and 43 Stoney Hill Lane, Murphy, NC.

This order concludes a civil nuisance abatement case brought by the County of Cherokee on behalf of the State of North Carolina. Chapter 19 of the North Carolina General Statutes defines "nuisance" activities and provides for a civil remedy to deter such criminal acts and their detrimental impacts on the community.

"For many years, this property has been a detriment to the community, draining law enforcement resources and reducing the quality of life for the citizens in the Martins Creek community," said Sheriff Dustin Smith. "This remedy was successful because of an outstanding investigation between the Cherokee County Sheriff's Office and members of the ALE Nuisance Abatement Team."

Two of the five property owners worked with law enforcement and signed consent judgments to relinquish their portion of the property to the Cherokee County Board of Education. The terms of the default judgment and final order of abatement ordered the remaining property owners to relinquish their portion of the property to the Cherokee County Board of Education.

The default judgment forged an agreement detailing the future intended use of the property, which forbids future nuisance related activities on the property. The current residents have until August 15, 2024, at 5:00 p.m., to vacate the land and remove their belongings from the property.

Sheriff Smith expressed his gratitude for the effort and outcome.

"I appreciate the cooperation from the community members as we worked together to solve this problem. I hope this successful resolution will ensure that the Martins Creek neighborhood returns to a more peaceful life," said Smith.

The investigation was a joint effort between members of the Cherokee County Sheriff's Office, the Cherokee Sheriff's Office Legal counsel, and members of NC Alcohol Law Enforcement's Nuisance Abatement Team.

"The nuisance abatement law provides a solution to problem locations that disproportionately demand law enforcement resources and reduce the quality of life for others," said Scottie Shoaf, Special Agent in Charge of the Nuisance Abatement Team. "It was a privilege to work with the Cherokee County Sheriff's Office and their legal counsel to bring positive changes for residents living in this community."

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