County Attorney Jerry McCarter’s letter

I was not able to reach Jonas Smelcer about this letter. According to Peggy at his office, he adheres to the County Attorney’s advice. She also offered that the Planning Commission would not consider a variance without Mr. Smelcer’s approval.

Mr. Jerry McCarter also did not return my call to discuss his letter. He indicates incorrectly in his letter this is a “new roadway” and gives no weight to the will of the community or the health and safety concerns of homeowners. He is understandably concerned about a lawsuit with the developers of Cove Mountain.

We have presented evidence on this site and to Mr. Smelcer that Blue Springs Way is more than 100 years old. I have anecdotal evidence from a long time resident that it was used by a woman named Margaret Cotter to access her cabin (in Margaret Hollow) 75-100 years ago. Blue Springs Way has been openly and freely used by the public for the past 30 years to access four subdivisions which Sevier County permitted to be mapped and recorded in the 70s 80s and 90s. Many lots of 1 acre and less were recorded. Seventeen homes have been built. Recently ninety-five Wears Valley residents and owners signed a petition for Blue Springs Way to be maintained by Sevier County. Many others did not have an opportunity to sign.

Mr. McCarter ought to be able to distinguish that a variance for a historic road which is the only access for four subdivisions and seventeen houses is different than allowing a variance for a new subdivision on undeveloped land.

Joe Mansy