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Zoning buffer zone target of suit
Courier Staff Report
Wednesday, May 15, 2013 11:00 AM
A lawsuit has been filed against several government bodies and two businesses over alleged damage to a home on Clifty Drive.
Robert and Sarah Clapp filed suit Friday against several agencies and people over problems they've incurred at their home at 3617 Clifty Drive.
The suit names the following defendants: Madison City Council; the mayor of Madison; Madison building inspector; Madison Zoning Board of Appeals; Madison City Plan Commission; Jefferson County Council; Jefferson County Commissioners; Jefferson County Plan Commission; Jefferson County Board of Zoning Appeals; James and Jennifer Weaver; JW's Place; Emma Dean; Shelley and Rick Turner; and Turner Nursery.
Gary Sorge, the attorney for the Clapps, wrote in the complaint that the actions of the government bodies were "arbitrary and capricious acts" that denied the Clapps due process of law.
Madison has a two-mile buffer zone outside of city limits that is zoned general business. That allowed businesses to locate next to the Clapps' home, Sorge said.
"The acts of City Council and Jefferson Council in regulating the buffer zone ... significantly altered the Plaintiffs' ability to engage in the use and enjoyment of their property due to the resulting ongoing and continuous private nuisances maintained by the adjacent property owners and businesses, and led to significant property damages and costs incurred by the Plaintiffs," Sorge said.
The Clapps said "flood water" spills over from Turner Nursery and paint fumes and noise pollution come from JW's Place. Those issues have caused "irreparable damage" to the Clapps' land, Sorge wrote, resulting in the Clapps being unable to enjoy their property.
Sorge also said there has been negligence on behalf of Turner Nursery due to overflowing drainage ditches, which has caused the Clapps' property value to drop.
The Clapps requested a jury trial and demanded compensation be no less than $150,000.
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