Judge rules on Brandermill Inn case
Posted March 20, 2013 at 5:42 PM, Filed Under: Front Page, Village Mill
According to Community Manager J.B. Bailey, on March 12, Chesterfield General District Court Judge Pamela O’Berry ruled that James E. Moyler, III was “a sufficient successor in interest to the Brandermill Inn and Conference Center,” and that he had “standing to prosecute his action for unlawful detainer.” Because Judge O’Berry ruled that the Brandermill Inn and Conference Center remained the record owner of the property, she found that Moyler was entitled to eject the BCA as "a tenant enjoying the right-of-way easement over the property” for the Brandermill Marina.
“Given that there are many facts to rebut these findings,” says Bailey, “the BCA is appealing the ruling.”
Judge O’Berry had directed that the plaintiff be entitled to enforce a writ of possession within the next 10 days, which meant that the BCA would be able to utilize the easement for the marina without restriction for only 10 days. However, to alleviate any hardship to the BCA and its slip holders, the judge directed that the BCA be afforded as many as 60 days from the date of the trial to remove all personal property from the marina and dismantle the docks.
“The BCA attorney has formally notified us that upon the filing of the appeal that we are entitled to a suspension of all enforcement of the writ of possession,” says Bailey. “In other words, we will still be able to utilize the marina, and the docks can stay in place until the appeal process has run its course.”