Resignations & Frustrations: Museum’s Legal Struggles
By: Grace Smith – Wise News Network
CHERRYVILLE, NC (WNN) — Tensions among the Cherryville Historical Association are growing amid the resignation of two board members. Amy Doster, the treasurer of the organization, and Gregory Payseur both submitted letters of resignation.
The positions were vacated during the week of September 11, 2023, after the continuation of the Historical Association’s lawsuit. The association is suing the City of Cherryville for adverse possession of the building that houses the Cherryville Historical Museum.
The suit was scheduled for September 5, but it was postponed to October.
According to the Cherryville Historical Association, during a meeting held on August 16, 2023, they had not yet secured legal representation. Al Putnam, the President of the association, mentioned that he had reached out to the law firm Ferguson, Chambers & Sumter, PA, based in Charlotte, North Carolina, for representation.
According to the lawsuit document, the Historical Association are the plaintiffs of this case, with Putnam named as their legal representative. He is not listed as a member of the North Carolina State Bar.
North Carolina General Statute 84-4 states: “Except as otherwise permitted by law, it shall be unlawful for any person or association of persons, except active members of the Bar of the State of North Carolina admitted and licensed to practice as attorneys-at-law, to appear as an attorney or counselor at law in any action or proceeding before any judicial body.â€
According to the North Carolina State Bar, there are few situations where it would be acceptable for an individual who is not a member of the bar to practice law in NC. The University of North Carolina School of Government states individuals can represent themselves in a lawsuit, but typically not other members of the public.
It remains unclear whether the association has obtained official legal representation, but many concerns from board members revolve around the lawsuit.
In her letter of resignation, Doster said, “The decision to step down stems from my growing concerns regarding the lack of transparency and the organization’s persistent inability to face reality.â€
Doster said that the museum funds are all accounted for and held safely. Both former members expressed remorse over their decisions to part ways with the association.
Payseur did not directly mention any alleged tensions in his resignation letter, despite his departure occurring within days of Doster’s.
In an email, Payseur wrote, “Regrettably, I have made this difficult decision due to ongoing health concerns that have significantly impacted my ability to fulfill my responsibilities effectively.â€
He also criticized the city for its purported lack of effort in preserving Cherryville’s history. In the email, he said, “Additionally, I am deeply disappointed with the lack of enthusiasm and support shown by the City of Cherryville leadership towards our city’s history, genealogy, and overall preservation efforts… Moving forward, I hope that future leaders will recognize and prioritize the significance of Cherryville’s rich history.â€
Many citizens of Cherryville are concerned about the fate of the building as ownership changes hands. Patrick O’Leary, founder of Cherryville Mainstreet, LLC, submitted the highest bid of $400,000 for the property during the upset bid process.
In August 2023, the Historical Association was informed that their lease would not be renewed after December 31, 2023.
No future plans have been established for the space, although rumors suggest it could remain a museum. On the contrary, there are allegations of a restaurant moving into the space.
When asked if the board members would resign should the new owner maintain the museum’s integrity, Putnam said no because past board members have allegedly conspired with the City of Cherryville to remove the Historical Association’s leadership.
“We’ve had former board members who conspired with the city for seven years to remove the director and dissolve the board,†said Putnam.
Putnam did not respond to attempts to contact him regarding the two resignations from the association. Vicki Spurling, the real estate agent for Cherryville Mainstreet, LLC, also did not respond to contact attempts concerning plans for the historic building.
As December 31 gets closer, with no concrete plans for the museum’s future, citizens and association members alike wonder what lies ahead for Cherryville’s historic preservation.
Article by Grace Smith – Wise News Network
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