After numerous ongoing criminal and drug-related offenses, along with repeated community complaints, Burke County Sheriff Banks Hinceman sought assistance from the Alcohol Law Enforcement Division to address the property at 1936 US 64, Morganton, through a civil nuisance abatement action. Following this collaborative law enforcement investigation, Superior Court Judge Daniel Kuehnert issued a Consent Judgment and a final order of abatement for the property.
This Judgment marks the conclusion of a civil nuisance abatement investigation initiated by the County of Burke on behalf of the State of North Carolina. Chapter 19 of the North Carolina General Statutes outlines nuisance activities, which encompass crimes related to drug laws, recurring violence, and breaches of the peace. Additionally, it provides a civil remedy to address and eliminate such criminal acts and their harmful effects on the community.
“The Burke County Sheriff’s Office is appreciative of the partnership with North Carolina Alcohol Law Enforcement. The ALE’s Nuisance Abatement Team, Sheriff’s Office staff, County Commissioners, County Manager, and County Attorney were able to collaboratively work together to target a location that was the impetus for crime in an area of the Salem Community. The Sheriff’s Office had received numerous calls for service over the past years including an overdose death. Neighbors complained that crime spread from the location into the community. This resolution will make the neighborhood a much safer place to live by reducing the crime in the area. I am appreciative of the ALE Division, who brought the knowledge and expertise to help navigate this process,” said Sheriff Hinceman.
This Judgment was mutually agreed upon by all parties involved and requires the property to be transferred to a responsible family member. The agreement also prohibits any future nuisance-related activities on the property and mandates the permanent removal of all nonresidents. Furthermore, the Judgment allows the defendant to retain living rights at the property; however, it requires participation in appropriate drug treatment programs to promote future prosperity.
"Traditional law enforcement methods don’t always provide lasting relief for communities affected by properties linked to criminal activity," said ALE Director Bryan House. "Fortunately, North Carolina has a strong legal framework that enables judicial intervention, delivering permanent solutions for these problematic locations. We deeply appreciate our partnership with the Burke County Sheriff’s Office and the attorneys representing Burke County, whose dedication and collaboration create meaningful, life-changing impacts for our citizens.”
About ALE:
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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