Law Office of Marsh Smith, P.A.

Continuation of notable projects, awards and cases:

1. helped found the Sandhills Area Land Trust (SALT) in 1991, served on its board and as its President; through the date of its merger with Three Rivers Land Trust, SALT protected over 11,800 acres of wildlife habitat in the Sandhills region of North Carolina;

2. prosecuted the case of Huberth v. Holly (1994) in which the North Carolina Court of Appeals clarified the law regarding wrongful timber cutting in a manner beneficial to landowners who have their trees wrongfully cut;

3. conceived the Safe Harbor Program which gives landowners greater flexibility under the Endangered Species Act. “Safe Harbor” -- now, widely imitated throughout the nation -- encourages increases in endangered species habitat while protecting landowners from increased regulatory obligations resulting from such increases;

4. received Governor's Award as NC Forest Conservationist of the year in 1997;

5. defended the case of State v. Blyther, where the jury was convinced to hand down a sentence of life without parole, rather than a sentence of death, for a mentally ill defendant convicted of murder, here in Moore County;

6. defended Jackson Hamlet Water Co., when Pinehurst Water & Sanitary Co. sought to cut the water off for the community of Jackson Hamlet and assisted with community organizational efforts in Jackson Hamlet during that time;

7. served on the Moore County Land Use Plan Steering Committee during approximately 34 meetings held in Moore County prior to the adoption of Moore County's first countywide zoning ordinance;

8. represented Friends of Forsyth and NC Alliance for Transportation in the federal suit that halted the northern beltway around Winston-Salem in 1999;

9. represented landowners and an environmental group in a suit attempting to force the federal highway administration and NC DOT to comply with the National Environmental Policy Act (“NEPA”) in the project to build a Bypass around Vass and Cameron. Although the suit did not stop the construction of the US1 Bypass of Vass and Cameron, it did force NC DOT to drop plans for a new Southern Pines-Aberdeen Bypass that would have bisected the Walthour-Moss Equestrian Conservation Area adjacent to the current US1 Bypass of Southern Pines;


10. designed land conservation transactions which allow lower income farm families to share in the tax benefits derived from conservation easements with conservation buyers who have higher ordinary income;

11. obtained habeas corpus relief for death row inmate, John Lee Conaway, by proving to the Federal Court for the Middle District of North Carolina that a relative of another person accused of the same crimes had served on the jury that convicted Mr. Conaway and sentenced him to death;

12. represented Friends of Forsyth and the NC Alliance for Transportation Reform in a second federal suit that delayed the northern beltway around Winston-Salem long enough for funding to become unavailable for that ill-advised project;

13. successfully represented 4th generation owners of a family farm in a prescriptive easement case in the North Carolina Court of Appeals (Deans v. Mansfield, 707 SE 2d 658, 210 N.C.App. 222 (2011));

14. successfully represented the plaintiff in the North Carolina Court of Appeals and NC Supreme Court in a quiet title action (Simmons v. Waddell, 776 S.E.2d 684, ____ N.C.App. ____(2015));

15. represented the owners of a 5th generation family farm on appeal to the North Carolina Court of Appeals in their challenge to Moore County's rezoning of adjacent land for development;

16. helped found the Southern Pines Land and Housing Trust with the late Fred Walden;

17. teaches Sunday School at the Emmanuel Episcopal Church in Southern Pines since 2000; presently teaches K, 1st & 2nd graders with Joanne Kilpatrick, Margaret Page and Carmen O'Mahoney; and

18. serves on the Moore County Wildlife & Conservation Club's board of directors for the last 10 years.