Buncombe County’s Deaverview Road Nuisance Case: Final Verdict Issued

TL/DR –

On October 30, 2023, a consent judgment was signed by Buncombe County Superior Court Judge Jacqueline Grant for a Chapter 19 nuisance abatement action against the property owner of 544 Deaverview Road in Asheville. The property had a history of complaints, law enforcement calls, and drug-related criminal charges, and has now qualified for forfeiture to the Buncombe County School Board. Although the elderly owner will remain in the residence, all other patrons will be legally trespassed, and the judgment bans any future nuisance-related activities and trespassing on the property.

Asheville Property Undergoes Nuisance Abatement Action

On October 30, 2023, the Buncombe County Superior Court finalized a Chapter 19 nuisance abatement action against the owner of 544 Deaverview Road, Asheville. This property, plagued by a history of criminal charges and law enforcement involvement, has been a source of community grievances over the years.

The Deaverview community and the Sheriff’s Office collaborated to address these issues. The judgment marked the conclusion of a civil nuisance abatement case initiated by Buncombe County on behalf of the State of North Carolina, applying the definition of “nuisance” activities as per Chapter 19 of the North Carolina General Statutes.

Departments within Buncombe County government, including Solid Waste, Planning, Health & Human Services’ Environmental Health division, and Permits & Inspections, played vital roles in the abatement process, signifying an extensive joint effort across county government entities.

Buncombe County Sheriff Quentin Miller acknowledged the property’s distressing impact on the community and the strain on law enforcement resources. The judgment, he said, was a result of partnerships involving community members, county officials, and the ALE Nuisance Abatement Team.

As the property qualified for forfeiture under Chapter 19, a consent judgment allowed the elderly owner to stay, while all other patrons were legally trespassed. The judgment outlines the future use of the property, prohibiting nuisance-related activities and trespassing, and preventing the current occupants from creating a nuisance elsewhere.

Sheriff Miller applauded the property owner’s cooperation and the community’s partnership with law enforcement in ensuring safety. Nuisance abatement laws, according to Scottie Shoaf, special agent in charge of the abatement team, provide a resolution for properties that burden law enforcement and compromise the community’s quality of life.

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