July 21 2020
The old RT Sizemore grocery store parking lot.
The Town of Clay has
been a dead, struggling little place for the last 50 years.
Locals often tell of when the place was alive with shoppers
and those partaking in the movie house on Main Street. "Not a
place to park!" is remembered. Of course, those locals are the
ones in their 70's.
Innovation, the interstate, better vehicles, and paved roads make up a big part of the change. An even bigger reason for the local decline comes from the handful of blue bloods who own and control the business spaces in Clay. For decades, that handful dictated who could and what could be opened in the municipality. Their most common question was, what's in it for me?
One of those old line families is the Nichols family. Owning everything from the post office, skating alley, Seneca Grille building, dollar stores, DHHR Welfare office, hard to find flat land, and more, there was a heavy hand of control.
Now, the Nichols family is aging away and leaving behind just the argumentative family clan. Since 2016, those family members have been in Court fighting over who gets what and how much $$$. It got so bad, the Court ordered most of their buildings to be sold to the highest bidder with the proceeds to be divided among the survivors.
Back in Feb 2020, that court ordered sale was held at the Courthouse. When the dust settled, a Jim Smith had purchased the entire empire for just $600,000.00. The actual purchase awaited the Court's final approval.
Know Jim Smith? Mr Smith is an 80 something business man hailing from the Elkview / Big Chimney section of the Elk River. Officially, the business is, the O V Smith and Sons corporation. From the humble beginnings as a roadside produce store, the Smith brothers have grown have their Father's business into a major land owner and operator of many businesses along the Elk and beyond. O V Smith and Sons is a regional powerhouse and developer. If there is money to be made, the Smith brothers are doing it.
Innovation, the interstate, better vehicles, and paved roads make up a big part of the change. An even bigger reason for the local decline comes from the handful of blue bloods who own and control the business spaces in Clay. For decades, that handful dictated who could and what could be opened in the municipality. Their most common question was, what's in it for me?
One of those old line families is the Nichols family. Owning everything from the post office, skating alley, Seneca Grille building, dollar stores, DHHR Welfare office, hard to find flat land, and more, there was a heavy hand of control.
Now, the Nichols family is aging away and leaving behind just the argumentative family clan. Since 2016, those family members have been in Court fighting over who gets what and how much $$$. It got so bad, the Court ordered most of their buildings to be sold to the highest bidder with the proceeds to be divided among the survivors.
Back in Feb 2020, that court ordered sale was held at the Courthouse. When the dust settled, a Jim Smith had purchased the entire empire for just $600,000.00. The actual purchase awaited the Court's final approval.
Know Jim Smith? Mr Smith is an 80 something business man hailing from the Elkview / Big Chimney section of the Elk River. Officially, the business is, the O V Smith and Sons corporation. From the humble beginnings as a roadside produce store, the Smith brothers have grown have their Father's business into a major land owner and operator of many businesses along the Elk and beyond. O V Smith and Sons is a regional powerhouse and developer. If there is money to be made, the Smith brothers are doing it.
The DHHR Welfare office on Main Street
The hearing for
that final thumbs up was held Tuesday, July 21st, before Judge
Jack Alsop. Mr Smith and his team were there at 1pm and ready
to deal. In the peanut gallery, a handful of watchers were
assembled. Lawyers were peppered here and there.
Clay Post Office
There was
excitement in the air. No not who was there but who was
scheduled to be there. Attorney Hiram Lewis was listed as one
of the attorneys to be present for one side of the family.
After hearing rumors that warrants were outstanding on Lewis
and after asking a Badge in the Courtroom, Yelp, if Lewis
showed up, he would be arrested.
About a half second before 1pm, start time, attorney Barbara Schamberger brisked into the Courtroom and started working the sides. About the time the hearing was to begin, Scamb had half the warring parties out in the hallway.
Judges , especially Jack Alsop, don't like to wait around. At 1:18 one of the attorneys left in the Court room, "There's a new Counsel just appointed." He didn't sound happy. Shamb and the parties were back in the Courtroom. It was as if, after four years of court battle, Poof, out of the blue, a new party (Schamb) had come into the arena and saved the day making all sides happy happy happy. Wrong.
This hearing was for the Judge to OK the purchase price and nothing else.
Sometime back, one time local Asst Prosecutor Clint Bischoff was appointed to do the information gathering and conduct the actual auction. All that happened according to court orders.
But wait, things were not going to go smooth. The attorney for Jim Smith told the court additional problems had been found since agreeing to the $600,000 purchase price. Something $120,000 spent on mold removal and a roof replacement which would come out of rental income. We didn't hear any mention of the floor giving out and the milk man falling thru to the basement. His idea was to get all those repair costs taken off the sale price.
Then all the parties decided they didn't like any of that talk and would not accept it.
Seeing the wind leaving his sails, Bischoff explained, he had performed his court ordered duties, "The Auction was proper... ernest money was paid... I had no knowledge of the Dollar General [store issues]..."
Again , attorneys were peed at the Shamb's new ideas. After several minutes of hearing the little boy and girl, back and forth, Alsop had had enough. Judge Alsop: Either buy it or walk away!. He wasn't fulling around.
Team Jim Smith huddling briefly and came out with: We will proceed.
About a half second before 1pm, start time, attorney Barbara Schamberger brisked into the Courtroom and started working the sides. About the time the hearing was to begin, Scamb had half the warring parties out in the hallway.
Judges , especially Jack Alsop, don't like to wait around. At 1:18 one of the attorneys left in the Court room, "There's a new Counsel just appointed." He didn't sound happy. Shamb and the parties were back in the Courtroom. It was as if, after four years of court battle, Poof, out of the blue, a new party (Schamb) had come into the arena and saved the day making all sides happy happy happy. Wrong.
This hearing was for the Judge to OK the purchase price and nothing else.
Sometime back, one time local Asst Prosecutor Clint Bischoff was appointed to do the information gathering and conduct the actual auction. All that happened according to court orders.
But wait, things were not going to go smooth. The attorney for Jim Smith told the court additional problems had been found since agreeing to the $600,000 purchase price. Something $120,000 spent on mold removal and a roof replacement which would come out of rental income. We didn't hear any mention of the floor giving out and the milk man falling thru to the basement. His idea was to get all those repair costs taken off the sale price.
Then all the parties decided they didn't like any of that talk and would not accept it.
Seeing the wind leaving his sails, Bischoff explained, he had performed his court ordered duties, "The Auction was proper... ernest money was paid... I had no knowledge of the Dollar General [store issues]..."
Again , attorneys were peed at the Shamb's new ideas. After several minutes of hearing the little boy and girl, back and forth, Alsop had had enough. Judge Alsop: Either buy it or walk away!. He wasn't fulling around.
Team Jim Smith huddling briefly and came out with: We will proceed.
Dollar General two story building
In addition
to selling off the holdings, there's a wad of cash (nearly
$300,000) that had to be divided up. Any old debts have
to be settled Additionally, Clint Bishoff has to be
compensated for his efforts. By the way, that ain't going to
be cheap.
Judge Alsop: Mr Smith is a willing buyer...the sale was advertised.... it was conducted by the Court ... O V Smith and Sons was there... this Court ratifies the sale to Jim Smith when the balance is paid.
As things were settling down and the deal consummated, from the back of the peanut gallery, Danny Sizemore stood and asked to speak. Alsop said he did not have standing. Sizemore replied, Yes I do. Didn't matter, Alsop would not let him speak.
The hearing to hear the final settlements and payouts will come August 17th.
Robe Jack Alsop, "That will be all."
With few happy campers in the gallery, finally, someone owns the Town that has the knowledge and funds to make things happen. Hands down it's one of the best things to happen in over 50 years.
So what was Dan Sizemore wanting to get on the record. Our guess, he too has some problems with the settlement and was seeking what he is due. Just a guess readers.
The Town of Smithville is ready to grow.
AW
Judge Alsop: Mr Smith is a willing buyer...the sale was advertised.... it was conducted by the Court ... O V Smith and Sons was there... this Court ratifies the sale to Jim Smith when the balance is paid.
As things were settling down and the deal consummated, from the back of the peanut gallery, Danny Sizemore stood and asked to speak. Alsop said he did not have standing. Sizemore replied, Yes I do. Didn't matter, Alsop would not let him speak.
The hearing to hear the final settlements and payouts will come August 17th.
Robe Jack Alsop, "That will be all."
With few happy campers in the gallery, finally, someone owns the Town that has the knowledge and funds to make things happen. Hands down it's one of the best things to happen in over 50 years.
So what was Dan Sizemore wanting to get on the record. Our guess, he too has some problems with the settlement and was seeking what he is due. Just a guess readers.
The Town of Smithville is ready to grow.
AW
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