Letter: Issue at Back 40 more complicated than it seems
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Relating to the issue of the burned structure f/k/a Back 40 Real Estate Services, LLC. (“Ashville council hears concerns about building,” Dec. 31), it was brought before the Council on Dec. 22, that the structure was in violation of the nuisance ordinance since six months had passed.

It seems to have been implied the Council wasn’t kept apprised as to the conclusion of this matter. On different occasions, I spoke with members of the Council and city employees.

More specifically, on Oct. 2, the Mayor (Robert McKay) and I discussed the matter in person at a local restaurant, and I was told not to worry about it, he would handle the situation. At an Ashville High fundraiser, I spoke with another council member concerning the same.

I have since learned that the City has contacted local excavating/contracting companies concerning the demolition. The City was informed that I had already handled this and once approved, the building would be demolished. Insurance companies have two years to settle on business claims, as some members of the cou,cil knows from personal experiences; however, due to the magnitude of the loss of files and information, the insurance company has informed Back 40 that there will be no time limit on the “Valuable Papers” claim.

The “Building” claim was settled Nov. 10. The building adjuster gave approval to demolish the structure; however Back 40 was instructed by the valuable papers adjuster and their attorney to continue to preserve the files “as they were.” These files were located in the one remaining room of the structure.

The bottom line: Back 40 is involved with a very unique insurance claim, and therefore must comply completely with the instructions of the insurance company. As to the other questions — does a city ordinance supercede a state law? — I believe the city attorney would better answer that question.

Donna Sligh-Smith, President, Back 40 Real Estate Services, LLC,, Ashville
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