Tuesday, February 2, 2021

Final Judgement Ordered in Davie County Nuisance Case

Mocksville
Feb 2, 2021

On January 28, 2021, Superior Court Judge Lori Hamilton signed a judgment for a Chapter 19 Nuisance Abatement action against a Davie County property, 304 Legion Hut Road in Mocksville, N.C.

Chapter 19 of the N.C. General Statutes defines a public nuisance, and allows for a civil remedy to abate such nuisance activities.

The action began in November of 2020 when county and state officials alleged the property was an ongoing haven for illegal activity. Due to the action, the defendant and property owner, Constance Claybrooks, was banned from ever operating or maintaining a public nuisance anywhere in the State, and her property was not to be maintained as a public nuisance anymore.

“This location has been an on-going problem for approximately five years, constantly draining law enforcement resources and reducing the quality of life for members of the Legion Hut community,” said Davie County Sheriff J. D. Hartman. “This long overdue solution is a result of an outstanding collaborative effort between Davie County officials, the property owner and members of the ALE Nuisance Abatement Team.”

The terms of the consent judgement effectually close the property. The property is to be vacated “immediately” upon entry of the judgement and remain vacant until sold. Anyone found on the property, other than those specifically named in the agreement, will be arrested for trespassing. If any part of the order is violated, the defendant may be held in contempt of court and punished with jail time, fines, or both.

Sheriff Hartman expressed gratitude for the effort and outcome.

“I sincerely appreciate the cooperation and reasonableness of the property owner, Constance Claybrooks, in allowing for a timely and successful resolution that mandated closure of the property,” said Hartman.

The investigation and information gathered for this lawsuit was a joint effort between members of the Davie County Sheriff’s Office and members of ALE’s Nuisance Abatement Team.

“We are extremely pleased to offer assistance to our law enforcement partners in these nuisance cases,” said Scottie Shoaf, Assistant Special Agent in Charge of the Nuisance Abatement Team. “This judgment brings much needed change to a community negatively impacted for far too long.”    

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