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Woman sues over parking lot use
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Posted on Oct 14 2008
A woman who prevailed in her lawsuit over a land ownership dispute has again sued the same defendant to clear the ownership issue of a store’s parking lot.
Barbara B. Feger sued Ray M. Bermudes also known as Ray Falcon. She also included the store owner, Lin Jin Song, as co-defendant.
Feger, through counsel Loren A. Sutton, asked the Superior Court to declare that she is the owner of the subject land and was the owner at the time of the trespass.
The plaintiff also requested the court to void a lease agreement entered by Bermudes that allowed Song to use a portion of the land as a parking lot for the store.
Sutton stated in the complaint that after a bench trial commencing on March 19, 2007, the Superior Court on April 30, 2008, entered judgment holding that Lot 012 H 18 belongs to Feger.
Sutton said the court ruled that Bermudes caused a trespass upon Feger’s land when he (Bermudes) granted permission to Song to use the property as a parking lot for his business, L&F Market.
He said the court further held that Song was a trespasser on the lot and that Bermudes caused such trespassing.
Sutton said Bermudes was held liable to pay $10,000 in punitive damages over the trespassing.
The lawyer said given these rulings, it is his client’s position that Bermudes’ granting of permission to Song to use the land as a parking lot was of no legal effect since he had no ownership interest in that lot.
