NEW CUMBERLAND – A Chester man developing a property is seeking declaratory judgment regarding an ordinance passed by the city.
J. Robert Reed Jr., doing business as Sunset Development LLC, filed a complaint in Hancock Circuit Court against the city of Chester seeking declaratory judgment.
The suit states that the defendant passed a subject ordinance on Oct. 21, 2002, amending a previous ordinance regarding mobile homes and mobile home trailer parks. In November 2017, the plaintiff alleges he began developing his property hoping to secure the placement of travel trailers, fold-down camping trailers and/or motor homes. The plaintiff alleges he paid a water tap application fee on Nov. 16, 2017.
The plaintiff alleges he was informed by the defendant in May 2018 that a lawsuit was filed over the property, claiming that he failed to obtain a permit to develop a mobile home park. The suit states the following month, the Circuit Court issued an order to prohibit him from further planned development.
The plaintiff is seeking for the court to order that the ordinance is invalid and unenforceable regarding the regulation of travel trailers, fold-down camping trailers and/or motor homes.
The plaintiff is seeking all reasonable sums due, attorney fees and court costs. The plaintiff is represented by Thomas J. Decapio of Frankovitch, Anetakis, Simon, Decapio and Pearl in Weirton.
The case has been assigned to Circuit Judge Jason Cuomo.
Hancock Circuit Court case number 19-C-33
