Waterfront Law Team Secures Company’s Property Rights Near Pretty Lake in Norfolk

A few days before Christmas, we secured a courtroom victory for our client who owns a
30’ wide strip of land near and running parallel to Pretty Lake in Norfolk, Virginia, and for
which the City of Norfolk holds a right of way (or easement) that entitles the City to build
a street. The right of way was dedicated and accepted in the early 1900’s but, in the
120 years since, the City never built the street and probably never will. Instead of
building a street, the City treats the parcel as if it is part of the park at the East Ocean
View Community and Senior Center.

Our client objected to the City inviting park visitors onto its land, building gazebos,
installing BBQ grills, park benches, and other amenities. The City claimed in Court that
it is entitled to use the right of way for whatever purpose it deems appropriate. We
persuaded the Court that the City does not have the right to use our client’s property for
anything that is unrelated to public transportation. At our behest, the Court also
awarded our client ownership of all of the improvements that the City constructed on our
client’s property.

This was a hard-fought legal battle running for about two years. We fought off the City’s
multiple motions to dismiss the case. We used our investigative techniques to build an
extensive body of evidence, which we refined by issuing subpoenae, conducting
depositions, and by forcing the City to respond to interrogatories, requests for
production and requests for admission. All of this effort culminated in a three-day, hotly
contested, trial in the Norfolk Circuit Court that resulted in a win for our client. Click
here to read the legal opinion rendered by the Court.