Andrews – The owner of a local property is working with state and local authorities to surrender ownership of property at 85 Temple St. that has plagued the community with more than 200 calls for service since 2016 and even more before that.
Cherokee County E-911 records only reach back to 2016. Andrews Mayor James Reid said the property has been troublesome for at least a decade.
“This is what will happen to you if you sell drugs in Andrews,” Reid said during Thursday’s meeting of the Andrews Board of Aldermen. “It’s been unreal what we’ve dealt with.”
Andrews police worked with the property owner and reached a successful agreement in a potential Chapter 19 Nuisance Abatement action against the property owner, according to the state Alcohol Law Enforcement Nuisance Abatement Team.
Chapter 19 of the N.C. General Statutes defines "nuisance" activities and provides for a civil remedy to abate such criminal acts and their detrimental impacts on the community.
The investigation began with a collaborative decision between the Andrews police chief and town officials. Search warrants, felony arrests and criminal charges had previously been made at this property by the Andrews Police Department and Cherokee County Sheriff's Office.
"For years, this location has served as a hotspot for criminal activity, constantly draining law enforcement resources, negatively impacting the community and fostering criminal behavior," Andrews Police Chief Caleb Stiles said. "We are thankful for the community and property owner working with law enforcement to ensure this community returns to the status quo.”
This investigation resulted in the family transitioning the property to Cherokee County Schools to meet state and county ordinances and avoid all future lawsuits. As part of the resolution, the property will be closed within the next 60 days, and all trespassers who go upon the property will be arrested and criminally charged.
"I would like to thank the ALE Nuisance Abatement Team for their work and for partnering with us to address this property and the strain it created on this community,” Stiles added.
"The nuisance abatement law provides a solution to problem locations that strain law enforcement resources and reduce the quality of life for others." said Scottie Shoaf, special agent in charge of the Nuisance Abatement Team. "Successful investigations are only completed with proper community involvement and working with property owners to reach resolutions. This agreement should bring a permanent resolution for everyone involved and I look forward to seeing the positive changes this will facilitate in the community.'
Property owner James Matthew Mosteller signed a quitclaim deed on July 8, granting ownership of 85 Temple St. to the Cherokee County Board of Education, which would have gained ownership of the land if the court had ruled in favor of the lawsuit.
Town of Andrews attorney Holly Christy was prepared to file a nuisance abatement complaint before July 12. However, Mosteller wasn’t prepared to put up a fight, according to the town’s newsletter.
Service calls to the property include extra patrol and surveillance as well as sexual assaults, breaking and entering, shots fired, stabbing, animal complaints, drug overdoes, identity theft and larceny. The lion’s share of calls were for extra patrols from neighbors.
“That has been a huge problem on Temple Street for about 10 years that I know of, and it’s probably been longer than that,” Reid said in the town’s newsletter. “It’s been very tough on our police department.”
At the time when Mosteller signed the property over to the board of education, he still owed $280 in unpaid taxes. At the July 11 board meeting, Reid as well as Aldermen Steve Jordan and James Mclean donated cash to cover the taxes so government officials could move forward.
On July 8, Mosteller signed a limited real estate power of attorney granting the Andrews Police Department the authority to arrest anyone who is on the property other than the three current occupants of the home. Everyone must vacate the property by Sept. 10.
This was the second ALE abatement activity in Cherokee County in the past year. ALE took action on a property off Floyd Stalcup Road in Martins Creek because of chronic illegal activity.
Seizure of the property is being contested in civil court by the property’s three owners – two siblings and a cousin who co-own the 4-acre property. Neighbors said Monday that they continue to have problems with people trespassing in the area, including an arrest Monday associated with the case.