The February One Parking Deck is nearing completion, so it seems entirely fitting that the City of Greensboro is once again being sued over easement issues concerning the existing businesses on South Elm Street.
On Friday, Jan. 6, Drew Brown of the Greensboro Law Center filed a lawsuit against the City of Greensboro on behalf of Greater Greensboro Entertainment Group LLC and N Club LLC, owned by Rocky Scarfone.
The lawsuit is over easement issues. Scarfone sued Greensboro over easement issues in 2018, holding up the start of construction. The city settled that 2018 lawsuit by paying Scarfone $735,000 and granting both a temporary and a permanent easements to the back of The N Club at 117-119 S. Elm St.
The terms of the settlement are in a detailed 19-page document and the lawsuit Brown filed on Friday alleges that the city has violated the terms of the settlement agreement concerning temporary easement rights during construction and will breach the terms of the agreement concerning permanent easement rights 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.”
Specifically, the purpose of the easement was to allow the buses and tractor trailers for touring shows access to the rear entrance of the N Club building. During construction, according to the settlement agreement, the city could encroach on the 15-foot-wide easement by 1 foot.
The lawsuit notes the settlement agreement called for the easements to be recorded and states, “In the time after the easements were recorded, the City pretended the settlement and the recorded easements never occurred and has continually violated the terms of the settlement agreement and has not provided the easements as stipulated in the settlement agreement.”
The settlement agreement is specific and states that if vehicles are in the area set aside for parking buses for the N Club during construction, the city will tow those vehicles at the city’s expense.
The lawsuit states, “The City did not secure the parking on Market Street or Elm Street as required and then would not tow the cars or otherwise clear the easements and parking areas during and in advance of concerts as it had agreed to do.”
The lawsuit also states, “The plaintiffs have tried repeatedly to work with the City short of filing this lawsuit. On one occasion, Chuck Watts the General Counsel for the City quite literally hung up on the plaintiffs, during a scheduled call with counsel and clients present.”