The lawsuit filed against the City of Greensboro by Drew Brown of Greensboro Law Center on behalf of the Greensboro Entertainment Group LLC and N Club LLC owned by Rocky Scarfone alleges that the 2018 settlement agreement has been breached.
The settlement agreement ended a lawsuit Scarfone had filed against the city in 2018 over existing easement rights to the back of the N Club.
The settlement agreement signed by both parties granted access to the back of the N Club during construction of the city parking deck and grants the N Club a permanent shared easement from East Market Street to the N Club at 117 S. Elm St., once the construction is complete.
According to the lawsuit, the city has breached the portion of the settlement agreement that grants access to the N Club during construction and will violate the terms of the permanent shared easement once construction is complete.
The lawsuit states, “The extent of the breach includes building the parking garage literally and directly in the easement even after being told of the breach multiple times since December 2020.”
According to the settlement agreement, once the construction is complete, “the Shared Access Easement will be widened so that it is no less than nineteen (19) feet in width at the intersection of the Shared Access Easement with E. Market St., and shall extend approximately two hundred and twenty (220) feet long from the Shared Access Easement entrance on East Market Street to the easement terminus behind 117 South Elm Street (the “New Shared Access Easement”).”
Measurements done by a nonprofessional with a balky 25-foot tape measure indicated the distance between the city parking deck and 101 S. Elm Street at the entrance to the easement was a little over 19 feet.
However, as part of the parking deck, the city is reportedly constructing a pedestrian bridge from 101 S. Elm St. to the new parking deck and the steel beams supporting that bridge in the interior of the easement reduce the width of the easement to a little more than 15 feet.
During construction, the temporary parking easement, according to the settlement agreement, will be 15 feet wide with the contractor allowed to encroach one foot into the easement.