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City of Samburg files suit against residents

City of Samburg files suit against residents

Posted: Wednesday, May 19, 2010 9:02 pm
By: John Brannon, Staff Reporter

By JOHN BRANNON
Staff Reporter
Samburg Mayor Larry Gene Davis said he filed a lawsuit against Al Hamilton because it was in the best interest of the City of Samburg.
“We are trying to do what’s right with zone ordinances. We’ve been trying to work with him about a year. He won’t cooperate, so we’re going to leave it up to the court,” Davis said.
Styled as “A Complaint for Injunction and Abatement of Nuisance,” the legal action was filed May 4 in Obion County Chancery Court. It names Frederick “Al” Hamilton and his mother, Bonnie Hamilton, both of Samburg, as defendants.
It asserts the Hamiltons are owners of “certain real property” located in Samburg along East Lakeview Drive and First Avenue. Located on the property is a utility building constructed of wood and a metal roof.
“The city believes he’s in violation of our zoning ordinance. It’s blocking part of a street,” Davis said. “What it boils down to, we asked him to move it, but he won’t cooperate. It’s been there almost a year.”
The lawsuit asserts the building rests on “skids” and is not permanently affixed to the ground and therefore could easily be moved to a concrete pad on the Hamiltons’ property.
It also states that the building, as situated, “constitutes a permanent, continuing and ongoing public safety hazard as insufficient space exists for emergency vehicles such as big fire department vehicles. … ”
It also asks that the city be granted a permanent injunction against the Hamiltons and that they be taxed for all costs and discretionary costs of the lawsuit.
Union City attorney Kirk Moore represents the City of Samburg in the action.
The Hamiltons could not be reached for comment.
Davis said no date has been set for a hearing on the case in Chancery Court.
Published in The Messenger 5.19.10

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