THE VIRGINIAN-PILOT
Copyright (c) 1996, Landmark Communications, Inc.
DATE: Thursday, February 8, 1996 TAG: 9602080365
SECTION: LOCAL PAGE: B7 EDITION: FINAL
SOURCE: BY TERRI WILLIAMS, STAFF WRITER
DATELINE: SUFFOLK LENGTH: Short : 33 lines
William E. Beamon, whose shop stands in the path of a planned courts complex, was spared the loss of his business Tuesday - at least temporarily, again - when a Circuit Court judge said the city had not filed correct legal proceedings.
It was Beamon's fifth court appearance in his fight to save his Hot Spot Records and Tapes on East Washington Street from city condemnation. The city sought immediate possession of the structure. The city had planned to appeal to the Virginia Supreme Court if it lost.
However, Judge Rodham Delk ruled that the city couldn't have a condemnation hearing - much less an appeal - without first filing a verified affidavit and proceeding under the correct law. Assistant City Attorney Kay Rudiger argued that she signed the affidavit as ``an officer of the court,'' but Delk disagreed. He gave the city seven days to amend its petition. Beamon then gets 21 days to respond.
Beamon, who has been fighting City Hall for nearly a year, said, ``The judge wants to make sure the city abides with the law. I feel relieved today.''
Beamon's shop is among a strip of buildings targeted for demolition for the $14 million courts complex, which the city says is essential to revitalize its struggling downtown. by CNB