| For Release: Immediate
Date: September 4, 2002 |
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JUDGE ISSUES CONSENT JUDGEMENT AGAINST PROPERTY |
NASH COUNTY-- Superior Court Judge Quentin Sumner has signed a consent judgment against the property located at 5557 Derring Drive, Battleboro. This judgment is the latest step in a civil nuisance abatement case brought by the Nash County on behalf of the State of North Carolina. The property is the home of Mr. and Mrs. Columbus Cherry, Sr. The Cherrys have agreed to cooperate with the Nash County Sheriff's Office in stopping nuisance activities at their residence which has a history of criminal violations and other problems, including drug sales.
The consent judgment prohibits the Cherrys from ever operating a nuisance anywhere in North Carolina. Under the conditions of the judgment, the property owners and any future owners are perpetually enjoined from allowing persons other than their invited guests to frequent or loiter upon the property. The owners, any future owners, and all other persons are prohibited from possessing, selling, or conspiring to sell controlled substances upon the property. If the illegal drug activity should continue or begin again, the property shall be subject to forfeiture. Additionally, anyone with knowledge of the judgment who violates its terms may be held in contempt of court and subject to a fine or jail sentence.
"This residence has been a real sore spot for us," said Sheriff Jimmy Grimes. "Our goal is to keep the citizens of Nash County safe. This action helps us achieve that goal. I would like to thank members of my Department, the County Attorney and Manager's Offices, and the N.C. Alcohol Law Enforcement Division for their help."
Information for the lawsuit was coordinated by a member of Alcohol Law Enforcement's (A.L.E.) Nuisance Abatement Team at the request of Sheriff Grimes.
"The nuisance abatement law provides a tool that local communities can use to stop nuisances for good," said Bryan Beatty, Secretary of the N.C. Department of Crime Control and Public Safety. A.L.E. is a Division of the Department. "With this action, the people who live in this neighborhood should be safer than before."
Since its inception in 1994, A.L.E.'s Nuisance Abatement Team has assisted local communities in addressing nuisances at more than 500 properties across the state. The Team uses North Carolina civil "padlocking" laws to close down public nuisances that are breeding grounds for crime and violence in neighborhoods. Using Chapter 19 of the General Statutes, a civil action is brought on behalf of the state to close a property being used for illegal purposes. The Team is currently investigating about 30-40 locations across North Carolina.
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