Smuttynose
Active Member
- Joined
- May 26, 2006
- Messages
- 627
- Reaction score
- 3,316
the ultimate NIMBY's!
Suit seeks to demolish portion of Portsmouth Hilton
By JODY RECORD
Union Leader Correspondent
Portsmouth ? A suit filed in Rockingham County Superior Court asks for a portion of the brand new Hilton Garden Inn on the corner of Hanover and High streets to be torn down and the area returned to a parking lot.
Owners of The Hill Condominium Association, a cluster of 12 historical buildings on Deer and High streets and abutting the new hotel, have been struggling to regain parking rights to 48 spaces they claim were lost with the recent development. The suit alleges the Hilton and adjoining luxury Harbour Hill condominiums were constructed illegally on a parking lot at the Parade Mall that had been deeded to The Hill in the 1970s. The owners and their customers had used the area until a construction fence was erected in February 2005.
The lawsuit is the latest in an ongoing struggle between The Hill and Parade Office LLC, owners of the just-opened hotel and the Parade Mall office complex.
A previous lawsuit by The Hill group claimed the ?Parade Mall had no right to interfere with The Hill?s use of the parking area by constructing buildings and other improvements there. In addition to damages for such interference, the current suit requests the superior court to order the owners of the Hilton and Harbour Hill to cease such interference by removing all structures and improvements from the parking area, restoring it to its former condition, and not taking any further action to obstruct it.?
?That?s a colorful request,? Paul McEachern, attorney for Parade Office LLC, said yesterday. ?The Hill is on record as favoring the construction of the hotel. I don?t know why they are now saying they want it torn down.?
McEachern said there had been a parking easement, but the previous owners of the historic condominiums ?withheld? it when they sold the buildings. What?s more, the Parade owners are willing to provide the same 48 spaces on the west side of the property, the Portsmouth attorney said, that would be shared with Parade Mall tenants.
Last month, a federal court judge sided with The Hill owners, saying the easement still existed.
McEachern planned to file a motion asking the superior court from acting on the request to tear down part of the hotel until an appeal of the federal court?s decision is decided.
Suit seeks to demolish portion of Portsmouth Hilton
By JODY RECORD
Union Leader Correspondent
Portsmouth ? A suit filed in Rockingham County Superior Court asks for a portion of the brand new Hilton Garden Inn on the corner of Hanover and High streets to be torn down and the area returned to a parking lot.
Owners of The Hill Condominium Association, a cluster of 12 historical buildings on Deer and High streets and abutting the new hotel, have been struggling to regain parking rights to 48 spaces they claim were lost with the recent development. The suit alleges the Hilton and adjoining luxury Harbour Hill condominiums were constructed illegally on a parking lot at the Parade Mall that had been deeded to The Hill in the 1970s. The owners and their customers had used the area until a construction fence was erected in February 2005.
The lawsuit is the latest in an ongoing struggle between The Hill and Parade Office LLC, owners of the just-opened hotel and the Parade Mall office complex.
A previous lawsuit by The Hill group claimed the ?Parade Mall had no right to interfere with The Hill?s use of the parking area by constructing buildings and other improvements there. In addition to damages for such interference, the current suit requests the superior court to order the owners of the Hilton and Harbour Hill to cease such interference by removing all structures and improvements from the parking area, restoring it to its former condition, and not taking any further action to obstruct it.?
?That?s a colorful request,? Paul McEachern, attorney for Parade Office LLC, said yesterday. ?The Hill is on record as favoring the construction of the hotel. I don?t know why they are now saying they want it torn down.?
McEachern said there had been a parking easement, but the previous owners of the historic condominiums ?withheld? it when they sold the buildings. What?s more, the Parade owners are willing to provide the same 48 spaces on the west side of the property, the Portsmouth attorney said, that would be shared with Parade Mall tenants.
Last month, a federal court judge sided with The Hill owners, saying the easement still existed.
McEachern planned to file a motion asking the superior court from acting on the request to tear down part of the hotel until an appeal of the federal court?s decision is decided.