WESTOVER — The City of Westover has requested injunctive and declaratory relief following an ongoing property dispute lawsuit filed by Westover landlord Richard Panico Sr.
Photos within the court documents show several structures allegedly placed by Panico blocking an easement. These included a fencing structure, a no-trespassing sign and a building allegedly erected by Panico without proper building permits.
The documents also allege Panico painted a yellow curb on Davis Street. He claimed it was private property, prohibited parking there, and had a vehicle towed for violating this claim, according to the injunction.
According to the injunction, Panico “seeks to unilaterally change the conditions at this location which have been enjoyed by neighbors and the public way for at least fifty years.”
This injunctive and declaratory relief requests the city be awarded the costs of bringing this action, including attorney fees “due to the Defendant’s knowing and willful continued violations of law.” It also requests any additional relief as the court may deem necessary.
This injunction follows a lawsuit filed by Panico, which alleged the city stole items from his property and was “attempting to steal the property itself.” During this time, the city took possession of Panico’s property, which had been blocking the easement.
The injunction states the property is still in the possession of the city until Panico comes to claim it.
It also states the defendant is “able and obliged to assert claims regarding a boundary dispute in an appropriate and legal action that may include all interested parties.” If the injunction is granted, the defendant will suffer no irreparable harm.
According to the initial lawsuit, the dispute began when former Westover Chief of Police Richard Panico Jr. tried to buy land from a neighbor of one of Panico Sr.’s homes.
In doing so, he found the neighbor built a fence extending into a “long-standing and well-defined easement, owned in common by all property owners within the Morgan Heights subdivision,” and that they were attempting to sell that easement with the property.
Panico then informed the neighbor of this concern. The initial suit claims the neighbor then called Mayor Dave Johnson and/or City Attorney Tim Stranko to complain about Panico’s statements.
“However, rather than take action against the neighbor or permit the dispute to be resolved between the parties and through the proper channels, the City of Westover, via its code enforcement officials, announced to Mr. Panico that the Easement he has owned an interest in and used without interruption since 1954, has been deemed by the City, of its own accord, a ‘public way,’ ” the initial lawsuit states.
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