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.”
Lol, and you’re surprised? Another city SNAFU! They just keep on coming! You elected them so enjoy!
Go gettem Rocky. Hang them by their short hairs. Our city is so stupid
Scarfone, Welcome to how this city council treats the tax payers. You evidently did not donate to the council members campaigns thus you have no sway with them. Watts should be disbarred for some of his stunts but that will not happen either.
This should be interesting !!
When a city wants to run roughshod over a perceived opponent, they force a lawsuit by design if the opponent does not bend. Whether the city files suit or the other side, it does not matter. A city has resources unavailable to the average person or small business and cities know this. If Rocky Scarfone could recover his legal fees if he wins in court, the City would not be so bold with lawsuits. Unfortunately, the NC statute that allows for recovery of the winning party’s attorney fees is very limited. That needs to change. Of course, the change could benefit a city in certain cases. However, in this case as I understand it, if the city did violate the settlement agreement, Rocky Scarfone’s attorney should fight for recovery of fees. Good luck.
This reminds me of the neighborhood west of Friendly Center. Residents were upset about additional traffic when “The Shops at Friendly Center” went in. The city made an agreement with residents to have no commercial development west of Hobbs. Then a few years later a developer wants to tear down homes on the west side of Hobbs for a Trader Joe’s, and the city is “What agreement?”. I think in Rocky’s case he at least has a legally binding agreement with the city in the form of the easement.
Shame the monies don’t come out of the govcrims personal accounts. We the sheeple are paying the price for the evil they’ve elected to rule over them, over the decades, imho. Local, state and federal. If you get constantly rewarded for doing “wrong” why would you stop? Where’s the accountability? There’s none. I suggest everyone read, “The Law” by Frederic Bastiat for insight from over 150 years ago. You’ll see why it’s not suggested reading in skool.
Any competent lawyer would not work for a municipality. They would be in private practice making real money. This council should be ashamed at how little attention they pay to the people in this city that actually pay taxes and do not mooch off all of the non profits they fund. Hey Zach, why aren’t you involved in this? Scarfone must not be a paying member of DGI.
Just another unlimited money (supplied by US) local Guilford county government that has the money to think they can do whatever they want… charge the taxpayers whatever they want…they’re really just bullies and just don’t like Rocky and do believe their power and money can allow them to do whatever they want without much regard because they have the resources and all to back it up not to mention crooked government.How is our property tax rate higher than Charlotte and Raleigh… That’s the 64,000 question?????