American Dream

MATTHEWS, NC - What makes a public street? That issue was before the NC Court of Appeals recently, as Matthews landowners challenged a ruling that the town had a public right-of-way across their property. In the fall of 2002, the owners of the street, the Wrights, e-mailed Robert Brandon, the zoning administrator, contending that the county had issued building permits along their street in violation of a county ordinance. In their e-mail, the Wrights contested whether their street was, in fact, a public street - Brandon replied that it was. The Wrights challenged Brandon’s determination before the Matthews Board of Adjustment. Testifying before the board in February 2004 was Ralph S. Messera, Matthews’ public works director who noted that the town had annexed the property now owned by the Wrights in 1983 and maintained the street since 1985. In an April 2006 decision, the state’s second highest court held that the road in question was never a public street, despite it possibly having been maintained some by the state in the past, being paved by the town, and showing up on state maps as a public street.