WEST VIRGINIA RECORD

POINT PLEASANT - Bennigan's Restaurant is suing the Church of Christ in Christian Union over the use of an adjacent parking lot.

In a lawsuit filed March 27 in Mason Circuit Court, Bennigan's claims that Church of Christ has refused to abide by a verbal agreement that the two parties reached to share the parking area between their respective buildings. Bennigan's opened in August.

"Over the past few months, the Defendant has been obstreperous, has actually ordered guests of your Plaintiff to leave the parking lot which is the subject of this action, and has continued to generally harass your Plaintiff in the daily operation of his business," the complaint says.

The complaint adds that the two sides reached an agreement several months before Bennigan's opened. Owner and General Manager Richard Rose met with church representatives Charles Staats and Don Spurgeon to work out the details.

They agreed that each would accommodate the other when extra parking was needed. Bennigan's also says it repaved the lot at a cost of more than $40,000.

Now, the complaint says, the restaurant can't even use that lot.

"Your Plaintiff requested Defendant to remove obstructions and remove dangerous poles and Defendant refused. There exists imminent danger to the public and Plaintiff knows of no other legal remedy available at this time to seek relief," the complaint says.

Bennigan's is represented by R. Michael Shaw. Judge David W. Nibert has been assigned the case.

Mason Circuit Court case number 06-C-44-N