NOTICE OF HEARING ON AMENDED PETITION SEEKING DECLARATORY JUDGMENT
IN THE CIRCUIT COURT OF
RALEIGH COUNTY,
WEST VIRGINIA
CIVIL ACTION NO: 2024-P-52
Honorable Judge Darl W. Poling, Presiding
RALEIGH COUNTY HOUSING AUTHORITY, a West Virginia governmental authority,
Petitioner
v.
HARPER PARK, INC.,
Respondent.
Counsel for Petitioner:
Paul D. Ellis, Esq. (WVSB ID# 8726)
ELLIS Law Offices PLLC
1118 Kanawha Boulevard, East
Charleston, WV 25301
Phone: 304-553-1206
A. David Abrams, Jr.
(WVSB ID# 65)
Abrams & Byron
P.O. Box 5038
Beckley, WV 25801
304-253-1500
Petitioner Raleigh County Housing Authority (“RCHA”) filed an Amended Petition for Declaratory Judgement on May 8, 2024, against Harper Park, Inc., seeking declaratory judgement that property owned by RCHA located within Harper Park Industrial Subdivision (the “Property”) is not subject to the “Amended and Restated Declaration of Protective Covenants and Reservations Pertaining to Lots in Harper Park, Industrial Park Subdivision, Town District, Raleigh County, West Virginia, authored and recorded in 1978 by Respondent Harper Park, Inc., in Deed Book 594 at Page 289) (the “Declaration”). RCHA seeks to sell and facilitate the development of the Property to create newly constructed affordable multi-family rental housing. For Purposes of completing the sale and intended use of the Property, RCHA is requesting that the Court issue a declaratory judgment finding that the Declaration is defunct, abandoned, unenforceable, and/or of no legal effect related to the Property, or alternatively, if the Declaration is enforceable, that the intended use and development constitutes a commercial use permitted by the Declaration.
A copy of the Amended Petition may be obtained by contacting the Raleigh County Circuit Clerk’s Office. A copy may also be obtained by contacting Petitioner’s counsel, Paul Ellis, during regular business hours at 304-553-1206.
This Notice of Hearing is intended to provide notice that a Hearing on the Amended Petition has been scheduled to be heard on June 12th, 2024, at 1:30 p.m., before the Honorable Darl W. Poling, Judge for the Circuit Court of Raleigh County, West Virginia, in the Raleigh County Judicial Center, located on the third floor at 222 Main Street, Beckley West Virginia. The Hearing is open to the public. Harper Park, Inc., any individual or entity with a legal interest therein or thereof, and any other entities or individuals claiming to have any legal interest in the subject matter of the Amended Petition are hereby notified of the hearing and the right to attend.
Respectfully Submitted By:
/S/ Paul D. Ellis
PAUL D. ELLIS
/S/ A. David Abrams, Jr.
A. DAVID ABRAMS, JR
E-FILED | 5/17/2024 2:27 PM
CC-41-2024-P-52
Raleigh County Circuit Clerk
Angelia Price
ID: 798755