New ruling sought in eminent domain case
Superior Court 1 Judge Steve Nation ruled against the county in July in its attempt to obtain land through condemnation of McMillan’s Auto Care in the 500 block of Conner Street.
The judge said the county’s case was flawed because it failed to show how the property would be used or why it was needed.
County commissioners filed a legal motion Friday to correct errors in Nation’s ruling. Chuck McMillan, the property’s owner, has until Sept. 30 to respond to the motion.
In his initial ruling, Nation noted the county had access to 344 parking spaces leased from Riverview Hospital and said their availability made it less crucial for the county to take over the McMillan property.
Commissioner Steve Dillinger said Tuesday the motion to correct errors would clarify that those spaces are temporary.
Riverview notified the county Friday that its lease for the parking spaces would be terminated Dec. 31. John Culp, the hospital’s attorney, said the hospital is looking for opportunities to develop the site, according to court documents.
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