CHARLESTON — New China Restaurant is suing Charleston alleging that the city breached its duty by condemning a structure without reason.
Phillip Dy Chin and the New China Restaurant allege that when bricks fell from the upper level of the southeast corner of Chin's building in Charleston, the city said it was going to demolish the property instead of affording Chin the chance to fix it, according to a complaint filed in Kanawha Circuit Court.
Chin and the restaurant claim they did not consent to the demolition and spoke with an engineer who recommended removing the brick above the second-story line and replace it. Despite following the city's demands, the city decided to proceed with the demolition of the structure.
The city condemned the structure without due process of law or just compensation, according to the suit.
Chin and the restaurant claim the city did not comply with its own city ordinances.
Chin is seeking compensatory and punitive damages. He is being represented by Richard Lindroth of Eleanor.
The case is assigned to Circuit Judge Carrie Webster.
Kanawha Circuit Court case number: 21-C-161