THE VIRGINIAN-PILOT
Copyright (c) 1996, Landmark Communications, Inc.
DATE: Wednesday, October 23, 1996 TAG: 9610230461
SECTION: LOCAL PAGE: B3 EDITION: FINAL
SOURCE: BY TERRI WILLIAMS, STAFF WRITER
DATELINE: SUFFOLK LENGTH: 38 lines
The city must file a correct petition before it can proceed with a condemnation hearing against a businessman whose property stands in the path of parking for the planned Mills E. Godwin Courts Complex, a judge ruled Tuesday.
Circuit Court Judge Rodham T. Delk said there were errors in the petition filed by the city, including improper notice, failure to detail when the affidavit would apply and failure to use the correct papers for serving notice.
Lafayette Brown, who owns a boarded-up property in the 100 block of East Washington Street, is trying to save it from being torn down to make way for parking for the $14 million downtown complex.
Brown, who owns the property with his brother Glenn, said Tuesday that his brother plans to convey his share of the property to him today, giving Lafayette Brown full title. Lafayette Brown also owns a barber shop at the 500 block of East Washington.
Lafayette Brown's name was also incorrect on the notice, but Judge Delk said that was not at issue.
``We have a comedy of errors it appears,'' Delk said. ``I'm not going to try this case but one time. It appears irregular.''
The city must correct its petition before filing another lawsuit, he ruled.
``This gives Mr. Brown an opportunity to defend his property,'' Joseph T. Waldo, Brown's attorney, said after the hearing.
William E. Beamon is also fighting the city over demolition plans. He wants to retain rights to his Hot Spot Records and Tapes, also on East Washington Street.
For nearly a year, Beamon has argued that the city arbitrarily targeted him and about a half-dozen mostly African-American-owned businesses along Washington Street for urban renewal. He has filed a $3.1 million federal lawsuit charging racial discrimination. by CNB