Company says City of South Charleston is trespassing

By Chris Dickerson | Jan 2, 2006

CHARLESTON – A holding company has sued the City of South Charleston, claiming the city has failed to vacate property it obtained earlier this year.

In the lawsuit filed Dec. 14 in Kanawha Circuit Court, CI Holding LLC claims South Charleston didn't pay 2002 real estate taxes on property at 235 3rd Ave. after it purchased it from Robert C. and Jeanna R. Plants on July 10, 2002.

Thus, on Nov. 18, 2003, CI Holding says it purchased the tax lien on the property.

Later, a notice to redeem was sent to the City of South Charleston by the Kanawha County Clerk's office on Jan. 14, 2005. It also was sent by the clerk's office to Charleston Newspapers to be published.

Because South Charleston did not redeem, CI Holding was deeded the property on April 11, 2005.

Since then, CI Holding says the City of South Charleston has failed to vacate the property and is trespassing.

In the suit, filed by Hurricane lawyer Alexander J. Ross, CI Holding seeks to have the City of South Charleston vacate the property and be declared a trespasser. In addition, CI Holding wants the city to pay the fair rental value of the property for the time since it was deeded to them.

Also, CI Holding seeks South Charleston to pay fees, costs, pre- and post-judgment interests as well as other relief deemed by the court.

The case has been assigned to Circuit Judge Charlie King.

Kanawha Circuit Court case number: 05-C-2710

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