BECKLEY – A Beckley property owner alleges the city's fire department could not access the rear of a building during a 2012 fire because the city permitted blockages in an alleyway.
Four Aces Properties LLC filed a complaint in Raleigh Circuit Court against the city of Beckley alleging inverse condemnation, property damage and other counts.
The plaintiff owns a tract of land that includes the right to use a 10-foot alleyway in Beckley that connects Neville Street to its property.
The suit states the defendant installed a large traffic control box on a date prior to Jan. 2, 2012, which narrowed the alleyway and restricted the plaintiff's usage of said alleyway. The plaintiff alleges the city failed to notify it of the changes before they occurred and failed to compensate the plaintiff for the damages.
The suit also states prior to Jan. 2, 2012, a property owner on Neville Street contacted the defendant and sought permission to construct a patio across the Second Avenue alleyway, which would made it unusable. Though the city denied the request, the plaintiff alleges the property owner built it anyway and the defendant failed to intercede.
On Jan. 2, 2012, a fire took place at the plaintiff's property, destroying an office building. The plaintiff alleges the defendant's fire department was unable to access the rear of the office building because of the patio that had been constructed and a sidewalk.
The plaintiff alleges it is constructing a new building but cannot complete construction because of the closure and restriction of the alleyway.
The plaintiff is seeking a declaration of its rights to use the alleyway and to for the defendant to restore the alleyway to its prior condition, attorney fees and court costs. The plaintiff is represented by John J. Mize of Mize Law Firm PLLC in Beckley.
The case has been assigned to Judge H.L. Kirkpatrick III.
Raleigh Circuit Court case number 19-C-203
