Cary homeowner destroys pavement over trail entrance dispute
By
Shaun Gallagher
, WRAL reporter
A video showing a Cary man jackhammering a trail entrance has garnered a major reaction online.
A Reddit user posted the video to the social media site on Monday. It shows the confrontation between two men over a trail entrance between two properties on Montibello Drive in Cary.
Keith and Angela Myers own both properties in the Beechtree neighborhood.
Ultimately, it will be up to a civil court to figure out who has the right to this space – Keith Myers or the residents – after the developer gave the space to the neighborhood homeowner’s association (HOA) through an easement more than 30 years ago.
Cary resident Ian Pearthree took the video on Saturday of Keith Myers tearing up pavement of the trail.
The Pearthree family – Ian and his parents – moved to the neighborhood in the late 1990s. Their home is near the trail access that splits the Myerses two properties.
"Having access to the greenway was the main reason we moved into this house," said Patty Pearthree, who is the mother of Ian Pearthree.
The trail is one of the fondest memories she has from her late husband.
"As he went downhill, he’d walk down there and say how beautiful it was," Patty Pearthree said. "When I go down there, I feel like I’m closer to my husband."
Patty Pearthree said she has had disputes with Keith Myers, like when he objected to vehicles traveling down the pathway to move construction materials for a landscaping project for another neighbor. The neighborhood’s HOA approved the vehicle access, but Myers balked.
Since then, Keith Myers has toiled with the trail entrance, admitting to placing concrete bollards on the walking trail.
Patty Pearthree had charges of stalking filed against Keith Myers, which were ultimately dismissed. She also filed a civil suit, accusing Keith Myers of assault, trespassing, emotional distress and defamation. Myers has filed counter action, which is still being worked out in court.
Patty Pearthree had charges of stalking filed against Keith Myers. Court records show it was dismissed. But Patty Pearthree says she got a restraining order against Myers and his wife in both 2022 and 2023.
Patty Pearthree also filed a civil suit, accusing Keith Myers of assault, trespassing,emotional distress and defamation. Myers has filed counter action, which is still being worked out in court. There is now an injunction keeping Myers and his wife away from her.
Keith Myers declined an interview but texted WRAL News several times on Tuesday – specifically mentioning a quitclaim agreement filed by the town of Cary. He said it grants him access to do as he wishes with the easement.
However, the HOA said that’s not the case.
"No, it is not [the case]," said attorney Weldon Jones III, who represents the neighborhood's HOA. "That action is being taken adverse to all homeowner's association's members' rights; it's obstructing the members' access to the trail itself.
"The easement was created by the developer; it's depicted on the plat. And all the lots in the association are beneficiaries of it."
He said all HOA members have the right to use the easement, even though it goes over someone else's land.
"So the easement certainly goes over land owned by another party," Jones said. "However, the beneficiaries – the HOA members – they have rights in using that property by virtue of this easement that is recorded on the plat."
Russ Overton, Cary's deputy town manager, released the following statement Tuesday on the trail access:
With regards to Montibello [Drive], Cary holds a sewer easement over part of that property. Any disputes regarding a pedestrian easement or private greenway access are a private matter.
Municipalities do not adjudicate property rights disputes. This is a function of the courts, and we understand there is ongoing civil litigation regarding this matter.
An injunction was obtained, preventing Myers from obstructing Pearthree's access to the trail. It was filed before Saturday, when he tore up the pavement.
That's an issue that is scheduled to be resolved Monday in a court hearing.
If this doesn't get resolved in the next month, the dispute between Pearthree and Myers could go to a jury trial that would begin in November.
WRAL News was told that the HOA is planning to pursue legal action against Myers as well.