FAYETTEVILLE — Z Best Pizza filed a lawsuit against the city of Oak Hill and Gamoca alleging they withheld information about a new business.
Z Best Pizza arduously sought to obtain information relating to Gamoca's intention for a property that is beside Z Best's property, according to a complaint filed in Fayette Circuit Court.
Z Best alleges that Gamoca has violated the law and ordinances by not posting its building permit. Z Best believes Gamoca is going to build an addiction treatment center.
In an amended complaint filed February 24, Z Best says it learned through FOIA requests and other the facility could be an addiction treatment center or "halfway house." It says documents show the West Virginia Department of Health and Human Resources has contracted with Gamoca to rent the facility to sublease. It also says a nearby children's recreational center called Gymfinity would be affected.
Z Best says the facility could destroy its quiet enjoyment of its location and continuing profitability.
Z Best claims Oak Hill stifled Z Best's efforts to find out the true nature of Gamoca's business efforts.
"Z Best is entitled to seek and obtain a determination of how its rights, status or other legal relations are affected by the zoning ordinances and zoning master plan of Oak Hill with regard to the identification of Gamoca's true business activity intentions and its compliance with the zoning laws of Oak Hill," the complaint states.
Z Best is seeking a restraining order suspending the construction of the business. Z Best is represented by James W. Keenan of Keenan & Associates.
Fayette Circuit Court case number: 21-C-3
