County evicting clinic for breach of contract, negotiating with other providers to fill void
Robbinsville – Smoky Mountain Urgent Care will be closing its Robbinsville practice at the end of January, ending a year-long conflict between the provider and its landlord, Graham County Government.
The Bryson City-based clinic declined to appeal an August court decision, finding that it was in breach of contract with the county for hours of operation the county required in the lease.
The judgment was filed on Dec. 2, 2022 and the clinic had until Jan. 3 to appeal.
Additionally, based on that judgment and a subsequent order signed by the judge last week, if Smoky Mountain Urgent Care wanted to retain possession of the leased space during its appeal, it would be required to post a bond of $297,000 with the Graham County Clerk of Superior Court by Jan. 3.
The purpose of the bond is to provide compensation to the county – in the event Smoky Mountain Urgent Care loses its appeal – for the rental value of the leased space and the costs of maintaining the county-owned imaging equipment during the time the appeal is pending.
In anticipation of the end of the lease between the county and Smoky Mountain Urgent Care, county representatives have been in communication with other medical professionals about providing both urgent care and imaging services in the county’s building at 21 S. Main St. in Robbinsville.
“However, due to the uncertainty of the legal proceedings, the exact date of SMUC’s departure from the county’s building has been unknown and it has not been possible – so far – to make definite arrangements with other providers,” the county said in a Tuesday statement prepared for The Graham Star. “But after today, if SMUC either 1) does not appeal the Dec. 2, 2022, judgment, or 2) it appeals the judgment but does not post the $297,000 bond, then SMUC’s departure deadline will be more certain, and the county will be able to move forward in making arrangements with other medical professionals. The Commissioners and their representatives will work diligently to do this as quickly and seamlessly as possible.”
From the beginning of the Graham County Board of Commissioners’ efforts to bring much-needed urgent care and imaging services to the county, it has been their goal to facilitate convenient and reliable care for county residents and visitors, according to the county’s statement.
“These efforts included obtaining grants for the purchase of imaging equipment (including CT, mammogram, and 3-D ultrasound) and upfitting the county’s building at 21 S. Main St. in Robbinsville to house the equipment and provide space for its operation,” according to the statement. “Additionally, the county entered into a lease and other agreements with Smoky Mountain Urgent Care (SMUC) to provide urgent care and imaging services at that location.”
For its part, Smoky Mountain Urgent Care posted a notice on its front entrance on Dec. 29, stating:
“At the request of the Graham County Board of Commissioners, Smoky Mountain Urgent Care’s building lease has been terminated. Sadly, our practice in Robbinsville will be permanently closed in the next 30 days. We are and will be happy to continue to provide medical care at our other locations including Bryson City.”