Sports News

2010-08-09 / Front Page

City slapped with lawsuit over road project

By LARRY HILLIARD Ledger Staff Writer larry@gaffneyledger.com

A local businessman claims the City of Gaffney has placed road blocks — literally — in his way of starting a new auto repair and body shop business.

In a complaint filed this past week in the Cherokee County Court of Common Pleas, Tim Parker alleges, in part, the city’s design and construction of Cowboy Lane — a dirt and gravel roadway with access to Hyatt Street — has resulted in a water drainage problem to his property, Bodyworx, Inc., a car repair and body shop business located at 109 Hyatt St.

Despite assurances from the city that his original plans were adequate, the lawsuit charges the city interrupted Parker’s efforts to develop the property with previously undisclosed demands which, in general, forced Parker to comply with “arbitrary, capricious and excessive requirements that were not enforced on other landowners or similar properties.”

More specifically, the lawsuit states the city required Parker to dedicate, without just compensation, a portion of his property to increase the width of Cowboy Lane as a condition to use the roadway; and at his own expense, pave a portion of the roadway and hire an engineer to conduct a rainwater survey and design a retention pond to resolve the drainage problems caused by the city and not relating to Parker’s use of the property.

In addition, the city required Parker to create and maintain an excessive number of parking spaces and complete architectural drawings and site plans for the project.

The lawsuit contends the city’s actions have resulted in a taking of Parker’s property and the lawsuit claims Parker is entitled to recover the value of the property the city has taken from him.

The lawsuit contends in a second cause of action the city is guilty of trespass by entering Parker’s property without his permission.

As well as an injunction to force the city to repair the drainage problem, Parker is seeking actual, compensatory and punitive damages. He’s represented by Max Hyde, Jr. of the Hyde Law Firm.

City Administrator James Taylor said it’s policy to decline comment on any lawsuit regarding the city.

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