By Leah Justice

leah.justice@tryondailybulletin.com

After 15 years of experiencing sewer backups into her home and yard, Eunice Whitmire, of Tryon, has settled with the town to move back into her East Howard Street home.

Tryon agreed to pay Whitmire $25,000 and to fix issues at her home at the town’s expense, including to replace the carpet; repair the bathroom ceiling; clean the inside of the house by spraying and wiping down mold; test the inside of the home for presence of fecal material; install a moisture barrier under the house and consult with a mold expert; remove and replace the top soil in the front and side yards; remove and replace exterior deck as part of the soil replacement and to test the soil outside and under the house for the presence of fecal material.

“In addition to the above described items which have been paid or shall be paid by town, town shall pay Mrs. Whitmire the sum of $25,000 upon the execution of this agreement,” states the agreement.

The agreement also releases the town of any liabilities.

“Mrs. Whitmire, for herself, her heirs, executors, administrators and assigns, hereby releases, waives, and forever discharges any and all claims or liabilities against the town, its officers, directors, employees, agents, successors and assigns, of whatever kind or nature, including, but not limited to, contract claims; tort claims; personal injury claims including emotional injury claims; claims based on any state or federal, or common laws; and any other claims in any way related to the town’s E. Howard St. sewer line,” the agreement says.

The agreement adds that the release and waiver does not apply to claims that may arise after the date the agreement is executed.

Whitmire came to town council meetings for years complaining of the sewage problem. During heavy rains, Whitmire suffered sewage backing up into her tub and toilet as well as into her yard. The town was fined by the state for wastewater overflows and determined the sewer line that runs along East Howard Street to the nearby sewer plant was not large enough to handle the flows. Tryon attempted repairs to the problem, but nothing completely stopped the issue for Whitmire.

Tryon recently finished a construction project along East Howard Street to replace the sewer line that runs in front of Whitmire’s home, which should have fixed the issue of wastewater overflows. The town obtained a grant from the state for a total of $800,000 with the town paying almost $170,000 as the match.

Tryon and Whitmire have been negotiating her compensation for quite some time. Tryon Town Council initially offered Whitmire either $80,000 to purchase her home or $25,000 to stay in her home with Whitmire having to pay for repairs. Whitmire said neither proposal was good enough as with $80,000 she couldn’t purchase a new home in this area and at 70 years old she could not obtain a loan. And the original $25,000 offer she said wasn’t good enough because she didn’t cause the problem and didn’t feel like it was right, especially at her age to have to repair the home. Since the construction of the new sewer line, Tryon has paid $1,000 a month for a rental house for Whitmire to live. The town originally gave Whitmire until the end of February to pay for the rental and make her decision but later extended the decision deadline. Whitmire’s daughter arranged a march against the town’s treatment of her mother on Feb. 7 with more than 50 people in attendance. Others rallied at a Jan. 28 special meeting of town council speaking against the settlement options to Whitmire.

Whitmire has been represented by two different attorneys during this process but is not currently represented.

Whitmire was contacted by the Bulletin for comment regarding the settlement but said she did not wish to comment at this time.