FAYETTEVILLE – Two businesses allege their property cannot lawfully be distrained because of delinquent taxes owed by a distinct corporate entity.

Montgomery Equipment Co. Inc., Black Rock Resources LLC and Albert Thomas Falbo filed a complaint Feb. 5 in Fayette Circuit Court against Fayette County Sheriff Michael Fridley alleging detrimental reliance and other counts.

According to the complaint, Black Rock owns a building in Powellton where Montgomery Equipment Co. conducts business and stores inventory property. The suit states on Nov. 15, 2017, Fridley through his agents placed a lock and chain on the door of the building because of allegedly unpaid taxes. Montgomery Equipment Co. alleges it paid its tax delinquency in full later that day and the chain and lock was removed.

The suit states the property was locked again by the defendant on Feb. 1 because of delinquent taxes owed by Falcorp Land Holdings. The suit states Falcorp is a separate entity from the plaintiffs. The plaintiffs allege they are not delinquent on any taxes and are currently unable to do business due to the distraint of the property.

The plaintiff requests a trial by jury and seeks preliminary injunction requiring defendant to remove the chain, lock and sign from the property and enjoining them from selling the property during the pendency of this action, attorney's fees, costs and such other just and proper relief. 

They are represented by Charles R. Bailey, David J. Mincer and Adam K. Strider of Bailey & Wyant PLLC in Charleston. The case has been assigned to Circuit Judge Paul M. Blake Jr.

Fayette Circuit Court case number 18-C-17

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