Temporary Restraining Order issued in Shelby Nuisance Case

After prolonged and unabated criminal activity at the Governor’s Inn, the Shelby Police Department solicited support from the North Carolina Alcohol Law Enforcement Division (ALE) to assist with a civil nuisance abatement action. In addition to numerous other duties, ALE agents specialize in investigating properties and making recommendations on civil actions as allowed through Chapter 19 of NC General Statutes. As a result of this joint law enforcement investigation, Cleveland County Superior Court Judge Sally Kirby-Turner signed a Temporary Restraining Order (TRO) against the owners and operators of Governor’s Inn located at 825 W. Dixon Boulevard in Shelby.  

After an extensive history of violence, drug use, and prostitution, the property is now under court ordered restrictions regarding the use of the property.  The restraining order, which serves as the initial step in a civil nuisance abatement action, ordered the property closed to any new guests or tenants. Moreover, it mandates all current tenants must vacate the property at the end of their current rental agreement. A preliminary injunction hearing will occur within ten days, where a judge may hear arguments to decide if permanent future restrictions are necessary, or if the property is fit for its current use.

Chapter 19 of the North Carolina General Statutes defines nuisance activities, which include, in part, crimes involving drug laws, recurring violence, breaches of the peace, and ABC violations. Furthermore, it provides for a civil remedy to abate such criminal acts and their detrimental impacts on the community. 

“The nuisance abatement statute often provides a method for immediate corrective action when tradition law enforcement methods have been unsuccessful,” said ALE Director Bryan House. “ALE is proud to work with our local partners, using all tools available to suppress crime and restore peace to communities statewide.”

This on-going investigation has been a collaborative effort between ALE, the Shelby Police Department, and concerned members of the community.  

The primary mission of Alcohol Law Enforcement (ALE) Special Agents, as peace officers with statewide jurisdiction throughout North Carolina, is to enhance community safety by addressing criminal activity at both ABC-licensed and illegal alcohol establishments. Authorized to take action against any crime of violence or breach of the peace, ALE is the lead enforcement agency for the state’s alcoholic beverage control, gambling, lottery, and tobacco laws, with primary authority over nuisance abatement statutes. ALE has a team of special agents who are certified paralegals and receive extensive training in conducting nuisance abatement investigations.  

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