WINFIELD – SA Inc. is suing Aussie Enterprises for encroaching onto its property and causing damages.
In 2013, SA became the owner of the property known as Bogey’s Sports Bar in Hurricane and Aussie owns property immediately adjacent to Bogey’s, according to a complaint filed in Putnam Circuit Court.
SA claims shortly after taking possession of Bogey’s, it discovered that Aussie’s wooden walkway/playform for its building immediately adjacent to Bogey’s had encroached onto the plaintiff’s property line.
On May 22, 2015, the plaintiff sent Aussie a cure letter to remove the encroachment and, although the defendant cured the wooden walkway/platform encroachment, it thereafter modified its building into a restaurant known as Fairways and also installed a shed immediately adjacent to the plaintiff’s property, according to the suit.
SA claims after the modification, it suspected that the modifications encroached onto its property, as the defendant’s shed was in such close proximity to the plaintiff’s property that it impaired the plaintiff’s visibility.
On Nov. 7, SA had its property professionally surveyed by Garcelon Surveying, where SA discovered six instances where the defendant encroached onto its property, according to the suit.
SA claims the defendant continues to trespass upon its property and has caused the plaintiff damage, as it can no longer exclusively possess the entirety of its property and its property now has a diminished market value.
SA is seeking a permanent injunction directing and ordering the defendant to eliminate the various encroachments onto the plaintiff’s property, as well as compensatory and punitive damages. It is being represented by Timothy C. Bailey and Taylor M. Norman of Bailey Javins & Carter; and Mark A. Barney of Barney Law.
The case is assigned to Circuit Judge Philip Stowers.
Putnam Circuit Court case number: 17-C-57