Lake Lure council ratifies lease termination, authorizes ejectment proceedings against Second Mountain LLC
August 28, 2026 | Lake Lure, Rutherford County, North Carolina
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The Town of Lake Lure Town Council on Aug. 28 adopted Resolution No. 26-08-28 to ratify termination of a lease with Second Mountain, LLC and to continue summary ejectment proceedings seeking possession of leased premises at 2654 Memorial Highway, Suite A.
Commissioner Jim Proctor moved to adopt the resolution; Commissioner Dave DiOrio seconded and "all were in favor." The resolution states the Town entered the lease on Aug. 29, 2024; that the tenant "failed to timely pay rent due under the Lease Agreement, constituting an Event of Default pursuant to Section 15.1 (A) of the Lease;" and that the Town issued a formal Notice of Lease Termination and Demand for Immediate Possession on Aug. 18, 2026. The council's action affirms continuation of a summary ejectment action and authorizes the town attorney and staff to pursue all legal remedies if a proposed settlement is not accepted.
The resolution directs that, if the proposed settlement fails, the Town will continue prosecution of the ejectment action and pursue possession of the premises. The text also makes clear the council intends to continue negotiating and to present a proposed settlement agreement to Second Mountain, LLC prior to the scheduled Sept. 3, 2026 summary ejectment hearing. The resolution says nothing in it limits the Town's rights, claims, defenses or remedies in pending or future litigation.
No public comments or statements from Second Mountain, LLC are recorded in the meeting transcript. The next listed procedural step is the summary ejectment hearing set for Sept. 3, 2026; the resolution took effect immediately upon non-acceptance of the proposed settlement or other failure to resolve the dispute.
Commissioner Jim Proctor moved to adopt the resolution; Commissioner Dave DiOrio seconded and "all were in favor." The resolution states the Town entered the lease on Aug. 29, 2024; that the tenant "failed to timely pay rent due under the Lease Agreement, constituting an Event of Default pursuant to Section 15.1 (A) of the Lease;" and that the Town issued a formal Notice of Lease Termination and Demand for Immediate Possession on Aug. 18, 2026. The council's action affirms continuation of a summary ejectment action and authorizes the town attorney and staff to pursue all legal remedies if a proposed settlement is not accepted.
The resolution directs that, if the proposed settlement fails, the Town will continue prosecution of the ejectment action and pursue possession of the premises. The text also makes clear the council intends to continue negotiating and to present a proposed settlement agreement to Second Mountain, LLC prior to the scheduled Sept. 3, 2026 summary ejectment hearing. The resolution says nothing in it limits the Town's rights, claims, defenses or remedies in pending or future litigation.
No public comments or statements from Second Mountain, LLC are recorded in the meeting transcript. The next listed procedural step is the summary ejectment hearing set for Sept. 3, 2026; the resolution took effect immediately upon non-acceptance of the proposed settlement or other failure to resolve the dispute.
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