Owensboro Times has been made aware of video clips that went viral regarding neighbors who reside on Walnut Street. We’re investigating the incident, which largely stems from a dispute over a property line. Here’s what we know so far.
OT has obtained multiple court documents, many of which are included below. One property owner has brought a civil suit against the other, and the defendants are scheduled to appear in Circuit Court on Wednesday “to show why they should not be held in contempt” after violating a restraining order.
The owners of 816 Walnut Street (the Hutchins, who are plaintiffs) have an attorney who spoke with OT regarding the civil case Friday.
There was no representation listed on court documentation for the defendants (the Nards) who reside at 822 Walnut Street. The defendants have created a GoFundMe account seeking help to find a lawyer. According to the site, “we don’t have an attorney or anyone who gonna back us up. So we are trying to find an attorney who will take her case and outside of Owensboro because we don’t know what else to do.”
Daviess County Attorney Claud Porter acknowledged he and the Owensboro Police Department have seen the video, which contains captions alleging harassment and racism. He said law enforcement has responded to multiple calls to the adjoining properties over the last 5-6 years. He referred OT to court documents for further information.
Regarding the civil case, Porter said it’s not up to him to determine where the property line falls and instead is in the hands of the court.
Background
The parties involved reside at adjoining properties at 816 and 822 Walnut Street. The only court-filed issues center around a driveway that is located along the dividing property line, with a long-running dispute about where the property line falls.
While 816 Walnut Street is currently home to the Martin family, they do not appear on any of the court documents obtained by OT regarding this civil case. The property is owned by Brad Hutchins, who is one of the plaintiffs in an ongoing civil suit against the Nard family.
The Nard family resides at 822 Walnut Street. According to the fundraising page created by Azunte Nard-Carson on which she details their experience, she said her mother Iris Nard has made multiple complaints that were “thrown out” and claims multiple parties in the legal system are “working together.”
The driveway
Ownership of the driveway is the center of the legal dispute.
According to the plaintiffs’ attorney, the deeds for 816 Walnut Street dating back to 1902 have said that the tenants there “have a right to use the alleyway between the two properties” while the first deed in the chain of title for 822 Walnut Street “that even references the right to use the private alleyway is 1983.”
“The plaintiffs are not attempting in any way to deny (the Nards’) use of that alley,” the plaintiff’s attorney said. “It has been surveyed. The survey shows the property line going down the middle of that alleway. Unfortunately, Mrs. Nard and her daughter have decided they want to claim the entire alleyway and have parked their vehicles on it and are obstructing the use of 816 Walnut Street.”
According to a letter submitted by a lawyer with Foreman Watson Holtrey, LLP, to Daviess County Attorney Claud Porter on Jan. 18, 2019, a title search was conducted in 2015 relating to an ongoing dispute between the adjoining property owners.
According to the letter, in 2015 “it appeared that the driveway in question was solely on the property located at 822 Walnut Street.” However, the letter then states that based on a survey conducted after 2015, “it appears that the driveway between 816 and 822 Walnut Street is on both lots.” That survey was conducted by Bryant Engineering Inc. in 2016.
Why it’s gone public
Though the dispute dates back multiple years, a series of video clips that appear to be captured from the Nard residence were posted to Reddit and Instagram before going viral.
A fence that divides the driveway can be seen in the videos and court evidence, and both sides can be heard yelling at each other using various obcenties and racial slurs.
A caption that appears with the video — and one that largely resembles the information on the fundraising page — claims the Martins have racially harassed and threatened the Nards for years, among other allegations.
Owensboro Times could not find any court documents of any formal complaints by the Nards, though captions on an Instagram post and information on the fundraising page alleges that they have paperwork proving ownership of the driveway and the property as well as proof of harassment.
Recent legal proceedings
On March 8, Nard and Nard-Carson were charged with misdemeanors. According to court documents, Nard was pacing the driveway with a wood bat and Nard-Carson had a machete. Officers reported that the two kept yelling and refused to put down the weapons.
On March 15, a civil suit was filed by Brad Hutchins, Kenneth Hutchins, Sr., and Delma Hutchins (owners of 816 Walnut Street) against Iris Nard, Azunte Nard-Carson, unknown spouse, employees or agents of Iris Nard, and occupants of 822 Walnut Street.
According to court documents, the plaintiffs allege multiple instances of trespassing, including the construction of a fence — seen in the videos — on a portion of the plaintiff’s property. They also allege the defendants have continuously blocked the plaintiffs’ driveway access to their respective property.
The plaintiffs were granted a temporary restraining order on March 16 that was served to the defendants, requiring the defendants to not obstruct or interfere with the joint driveway.
According to court documents and the plaintiff’s attorney, the defendants refused compliance with the order. A subsequent order was entered and served to the defendants directing the Daviess County Sheriff to remove the obstruction.
“When (the Sheriff’s Office) attempted to tow the vehicles, Mrs. Nard and her daughter either stood or laid in front of their vehicles prohibiting the towage,” according to the plaintiff’s attorney.
According to court documents, an order was entered directing Nard and Nard-Cason to appear in court March 31 to show why they should not be held in contempt.
The plaintiff’s attorney said they are not seeking incarceration for the defendants, and instead just want an order stating each party owns their respective side of the driveway.
Nard-Carson wrote that they are trying to find an attorney.
