POINT PLEASANT – A real estate company is asking a judge to order a Bend-area municipality to condemn property it owns.

The town of New Haven is named as a respondent in writ of mandamus filed by Coen Real Estate. In its petition filed March 12 in Mason Circuit Court, Coen seeks court-ordered eminent domain proceedings on property damaged by a collapsed storm water/wastewater line.

According to its petition, on an unspecified date a storm water/wastewater line collapsed, causing extensive damage to three parcels of property Coen owns in the S.A. Lewis Addition. Coen claims the town knew the collapse was imminent due to its deterioration.

Along with failing to take measures to keep the line from collapsing, Coen says the town failed to timely notify it when it did, thus resulting in unnecessary “economic loss, inconvenience, annoyance, aggravation, emotional distress and cleanup costs.”

According to the petition, Coen on at least one unspecified date attempted to get the town council to institute eminent domain proceedings. After the council failed to do so after a reasonable time, Coen decided to petition the court for a writ of mandamus seeking an inverse condemnation of the properties, it says.

Coen is represented by Matthew W. Clark with the Point Pleasant law firm of Kayser Layne and Clark. The case is assigned to Judge David W. Nibert.

Mason Circuit Court, case number 13-C-40

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