After years of ongoing disturbances, drug violations, and repeated overdoses, the Martins Creek community is set to experience significant changes. On August 6, 2024, Superior Court Judge Tessa Sellers issued a Default Judgment and Final Order of Abatement in a Chapter 19 Nuisance Abatement case against the owners of two properties located at 31 and 43 Stoney Hill Lane in Murphy, NC.
The judgment marks the conclusion of a civil nuisance abatement case initiated by Cherokee County on behalf of the State of North Carolina. Chapter 19 of the North Carolina General Statutes outlines what constitutes "nuisance" activities and provides legal measures to eliminate such actions that negatively affect 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.”
The abatement case was notable for its cooperation between law enforcement and the community. Two of the five property owners worked alongside law enforcement officials and signed consent judgments to relinquish their portions of the property to the Cherokee County Board of Education. The remaining property owners were ordered by the court to do the same under the terms of the default judgment and final order.
The court's decision prohibits any future nuisance-related activities on the properties. Current residents have been given until August 15, 2024, at 5:00 p.m. to vacate the premises and remove all belongings.
Sheriff Smith expressed his gratitude for the community's cooperation and the successful resolution of the case. “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,” he stated.
The investigation and subsequent legal action were the result of a joint effort between the Cherokee County Sheriff’s Office, the Cherokee Sheriff’s Office Legal Counsel, and members of the North Carolina Alcohol Law Enforcement (ALE) Nuisance Abatement Team.
Scottie Shoaf, Special Agent in Charge of the Nuisance Abatement Team, also highlighted the significance of the case. "The nuisance abatement law provides a solution to problem locations that disproportionately demand law enforcement resources and reduce the quality of life for others,” Shoaf said. “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.”
With the properties now under the control of the Cherokee County Board of Education, the Martins Creek community looks forward to a safer and more peaceful future.
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