SOUTHPORT — A dispute over an alleyway in Southport has turned into a “political fireball,” in the words of one alderman, as this year’s two mayoral candidates find themselves on opposing sides of the issue.
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On Monday, the Southport Board of Aldermen voted to direct its attorney to engage with Joe Pat Hatem, former mayor of Southport and current candidate, and his wife Anita Hatem on a declaration of withdrawal they filed in 2020.
The document, filed when Hatem was still mayor, takes ownership of an alley behind their property at 109 E. Owens St., citing North Carolina law that allows private citizens to claim property deemed abandoned for 15 years.
The Southport Board of Aldermen, led by Mayor Rich Alt currently running for reelection, do not confer the alley was abandoned and view the document as improperly filed; thus, in its hired attorney’s position, the alley is, and has always been, in city custody.
“The issue, of course, to the uninformed, is that I’m doing this ritual, doing this because he’s my competitor,” Alt told Port City Daily Monday, denying that perception was true.
The two men will face off in this year’s municipal election on Nov. 4, a rematch to 2023’s race where only two votes separated the candidates in the final count, which took several recounts to reach. The contest featured some animosity between the men; both candidates acknowledged they were polar opposites. A particularly potent moment came amid the suspensions of several city employees days before the 2023 election, with Alt taking to Facebook to criticize the mayor’s response to the situation.
Defending his stance that the alleyway dispute isn’t political, Alt pointed out he did not vote on the directive Monday (the mayor only votes in instances of a tie) and the aldermen voted unanimously.
He also noted he didn’t take the issue to the press; it was Alderman Lowe Davis who brought it up at Monday’s meeting. Though she dubbed it “political fireball,” she said she wanted to be transparent on the reason the aldermen were going into a closed session.
“I don’t even know what the full story is with alleyways,” Lowe said. “This has come up before the board multiple times in my six years on the board, and every time we have said no to people who wanted to find a way to take ownership of the part of the alleyway, at least that was behind their house.”
Though Southport residents can obtain a permit to maintain and use alleyways, they remain property of the City of Southport unless the board of aldermen transfers ownership to private individuals. Per state law, the board would have to hold a public hearing and adopt a resolution to authorize the transfer.
Both a city spokesperson and Alt said this process was not completed ahead of the Hatems’ declaration of withdrawal.
Port City Daily reached out to Joe Pat Hatem multiple times but did not hear back by press.
Per the document, the Hatems claim the alley has not been used by the public for 15 years, meaning it’s been abandoned. North Carolina law stipulates a private individual can withdraw, or claim, any parcel of land deemed abandoned for that period of time by filing a declaration in their county’s register of deeds.
Register of deeds offices are not required to notify the city nor is it charged with confirming the validity of documents. The office is merely a record-keeper — thus why, according to Alt, the aldermen weren’t aware of the Hatems’ declaration until four weeks ago.
Alt said the owner of Southport Sourdough Bakery and Fresh Market intended to use the alley, which the bakery backs up to, for a delivery. Yet, he said the owner was confronted by someone — Alt didn’t name who — claiming the alley was private property. The owner then obtained the declaration of withdrawal and shared it with Alt.
“I took it to the board of aldermen,” Alt said. “I did not just run off to the press. The board of aldermen hired an attorney to look into it to make sure that we, in fact, do own the alleyway.”
The city’s position is the alley was not abandoned — and, thus, the Hatems did not have standing to file the declaration of withdrawal.
“People use that specific alley all the time,” Alt said, both by the bakery and two other nearby businesses, an ABC store and tiki bar.
Monday’s action, not discussed in much detail outside of Alderman Davis’ preamble to a closed session, will allow the city’s hired legal counsel to request the Hatems’ withdraw their declaration.
“If anybody can just wander over there and claim anything and get away with it, the town would disappear,” Alt said.
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