Local News - January 2004

Judge orders alley fences removed

Restraining orders issued in dispute

By ALICE SMITH, Staff Writer

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A Lincoln County Superior Court judge ordered that the two fences blocking a downtown alley be removed and also issued temporary restraining orders against four property owners and the city of Lincolnton.

The move is the latest in an ongoing dispute revolving around the rights to the alley behind the city’s new restaurant, Court Street Grille.

Building owners Charlotte and Jamey Farmer filed a lawsuit against neighboring property owners after two fences were erected and Court Street Grille became landlocked.

Restaurant owner Osama Yousef said because of the fences he could not have his trash picked up or grease disposal container emptied. Trucks used to drive up to the back of his restaurant, which is positioned in the middle of the other businesses.

Since the fences were built, Yousef has had to work out an agreement with First Presbyterian Church to keep the trash cans on the church’s property.

Charlotte Farmer said the fences negatively affected the restaurant and its operation.

“Fences being up will not facilitate the Court Street Grille to continue operating due to the impeding of delivery and disposal,” Farmer said Thursday.

The Farmers filed a complaint against Donald Welch, owner of A-1 Appliance Parts and Service; Lewis and Shuford, P.A.; Donald T. Lawing, owner of the Cup of Grace Coffeehouse property; Ronald Leonhardt, owner of the Nachamie and Whitley law firm property; and the city of Lincolnton.

Welch erected the first fence after problems he allegedly had with Yousef and the restaurant’s garbage, Yousef said last month.

Other property owners said the trash cans blocked part of the alley.

Leonhardt then put up a small picket fence on the other side of the Farmers’ property.

Welch has declined to comment on the continuing situation.

Leonhardt maintains that he did not build his fence out of malice, but out of frustration that an amicable resolution couldn’t be reached.

He’s long been an advocate of keeping the alley open, Leonhardt said, and tried to mediate the situation before it moved on to court.

The same day the complaint was filed, the court  stated that the “plaintiffs will suffer immediate and irreparable harm and injury unless a temporary restraining order is entered against the defendants.”

The judge ordered that both fences be removed. The restraining order says that none of the defendants can further obstruct or interfere with the ingress or egress of the rear of the Farmers’ property.

A hearing on the Farmers’ request for a preliminary injunction was set for Monday but continued until today.

If any defendant is found to have been wrongfully restrained, the Farmers’ agreed to pay $200 bond.

The defendants have until the end of this month to answer the full complaint, which includes five claims.

In their complaint, the Farmers claim Welch and Leonhardt were willful, wanton and malicious in erecting the fences. They ask for compensatory and punitive damages totaling $20,000 from each.

Leonhardt said there is “no good reason” for the lawsuit.

He questions the Farmers’ motives and also what will be done with the restaurant’s garbage cans should the alley remain open. If it’s open, he said, the cans and grease trap would still block the narrow passage.

“They did not have to sue to work this out,” Leonhardt said.

Farmer stressed that the restaurant is a positive addition to downtown Lincolnton.

“We, the owners, Jamey and Charlotte Farmer, are taking every step possible to see that the restaurant is able to continue its success,” Farmer said.

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© 2001 Lincoln Times-News  

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