By Shavonne Potts
spotts@salisburypost.com
SALISBURY ó A Salisbury man whose taste in art landed the former Arts Council director in court now has filed a civil lawsuit against the city for water drainage that he claims damaged his property.
Clyde, who legally dropped Overcash from his last name, filed a complaint July 29 with the Rowan County Clerkís Office.
The complaint cites a N.C. General Statute, which speaks of land or other property that has been inundated by water.
There were ěfour occurrences of damage to property at 210 and 214 East Bank Street,î the complaint said.
Clyde, who is representing himself in the suit, refused to comment.
In July 2010, Clyde charged then director of the Arts Council, Ann Cave, with larceny after she reportedly removed underwear he had hanging from his shop window. Clyde said the menís shorts were art.
The case went to court where a judge later found Cave not guilty.
According to Richard Kelly, the cityís risk manager, Clyde claims in his lawsuit there was additional surface water running into his property.
The original claim was brought to Kellyís attention in November 2009.
ěHe said he didnít have it prior to construction of a parking lot at the corner of Lee and Fisher streets,î Kelly said.
Clyde told Kelly there was standing water in his backyard.
Kelly said the property is at a low point where water naturally gathers there.
ěWe reviewed the claim and turned it over to our insurance company with the N.C. League of Municipalities in Raleigh,î Kelly said.
An insurance adjuster met with both Clyde and Kelly, who recommended testing the parking lot.
The city agreed to hire a hydrologist, who studied the water and filed an in-depth report after six weeks of data collecting, including taking soil samples and aerial photos of the area.
ěHis findings were that if anything, the construction of the parking lot improved the flow of water away from Clydeís property,î Kelly said.
The material the parking lot was made from allowed the surface water to be absorbed.
ěWe did that as a precaution, knowing there was property downhill,î he said.
Kelly said the material absorbs much of the surface water.
ěWe did everything we could engineering-wise,î he said.
If the engineerís report had said the cityís construction contributed to the standing water, the city wouldíve honored Clydeís claim, Kelly said.
ěOur insurance company denied his claim,î he said.
The insurance company sent Clyde a letter notifying him of the claim denial on Feb. 23, 2010.
City attorney Rivers Lawther said he had not seen the lawsuit.
Clyde said the city owes him more than $5,000.
He originally filed a suit against not only the city, but former city manager David Treme, Joe Morris, director of community planning and Brian Austin, with engineering.
He crossed through all of the names in the complaint, except the city.
Contact reporter Shavonne Potts at 704-797-4253.