Town Of Smithfield Named In Lawsuit

Over 70 people packed into the Smithfield Town Council chambers for a public hearing on a large RV park in Smithfield on Oct. 3rd. JoCoReport.com Photo

The Town of Smithfield was named in a lawsuit in Johnston County Superior Court on Monday.

The lawsuit was filed by an attorney representing an applicant whose plans were rejected two months ago for a large RV park.  Attorney Chip Hewett with the Hewett Law Group of Selma filed the suit on behalf of developer Theron Lee McLamb of Smithfield.

Following a four hour public hearing on Oct. 3 the town council voted 4-to-2 to deny McLamb a Conditional Use Permit (CUP). During the hearing numerous Smithfield residents spoke in opposition of the RV Park. Hewett called on several expert witnesses to testify of its benefits.

The CUP by the Smithfield Town Council was needed by McLamb to operate a recreational vehicle park on 33.32 acres of land he owns on Venture Drive near the Outlet Center.  The park would include 148 RV spaces and 48 cabin rentals.  At issue is the town’s decision the RV park would injure or damage surrounding property values, which ultimately led to the its denied.

The 56 page lawsuit alleges errors were made by town staff, the planning board and the town council during the application process for the RV park.  The lawsuit also alleges the Town Council violated state law in discussing and denying the permit.

First, the suit claims the Town Manager removed the permit from the July 13, 2017 Smithfield Planning Board agenda due to “administrative denial” but later allowed it to continue on July 26, 2017. The suit contends the manager did not have the authority to take the action.

Second, the suit alleges the Town Council violated the NC Open Meeting Laws when they met in closed session on Aug. 1, 2017 to discuss the Conditional Use Permit.

Additionally, during the October public hearing, the Town Council allegedly “…allowed numerous individuals that lived in the general area of the Property to introduce irrelevant, inadmissible and prejudicial testimony and evidence over the objection of counsel for the Petitioner.”

Specifically, the lawsuit claims the “improper admission of irrelevant, inadmissible and prejudicial testimony” caused the Town Council to error by finding the property could injure or devalue adjoining and abutting properties, when the applicant contends it would not.

An aerial map of 33 acres of land off Venture Drive in Smithfield where a 148 space RV park and 48 cabin rentals would be located. The property is adjacent to Pine Acres Subdivision and near the Outlet Center.

The lawsuit said no one testifying against the developer was qualified as an expert witness and violated state law requiring that “every quasi-judicial decision shall be based upon competent, material, and substantial evidence in the record.”  The testimony by lay witnesses violated the statute, they contend.

The lawsuit, filed Monday afternoon in Johnston County Superior Court, seeks a court hearing to overturn the decision made by the Town of Smithfield and force them to issue McLamb a Conditional Use Permit so he can develop the RV park.
During the Oct. 3rd hearing – which is now at the center of the lawsuit – over 70 people attended the meeting, the majority of those being opposed to the project.

Tony Nixon, a resident of Pine Acres and President of the East Smithfield Improvement Organization, questioned why the current RV park plans did not include any outdoor night lights.  Nixon also presented photos from a KOA RV park in New Bern that showed unsightly homes and minimal buffers.  Hewett objected to the photos being shown during the hearing but the pictures were ultimately allowed.

Nixon said Smithfield doesn’t allow mobile homes in the city limits and should not allow RV’s.

Councilman Travis Scott noted during the Oct. 3rd public hearing that Mr. McLamb filed the paperwork for the RV Park on June 2nd but did not meet with an appraiser until September 12th to defend the property values of nearby Pine Acres.

Councilmen John Dunn and Perry Harris were the only two city officials who voted to support the project in October. Councilmen Emery Ashley, Marlon Lee, Travis Scott and Steve Rabil voted against.

A court date to hear the developers lawsuit has not been set.