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Auto parts store may face a bumpy road to Lisbon

June 24, 2013
By TOM GIAMBRONI - Staff Writer (tgiambroni@mojonews.com) , Salem News

LISBON - A new auto parts store may be coming to town, judging by a recent real estate transfer recorded in the Columbiana County Auditor's Office.

Records show that a 0.7 acre lot just north of town on state Route 45 in Center Township was sold from the Davis family to O'Reilly Automotive Stores for $200,000.

The property at 7758 Route 45 is the site of the former Phat Cat drive-through business located between the McDonald's restaurant and Valero gas station. The real estate transfer stated the property is for construction of a store.

The sellers are listed as Jack, Donald, William, Joey and Tom Davis and the property taxes are currently being billed to William Davis of Duluth, Ga.

William Davis was the subject of a lawsuit filed earlier this week in county Common Pleas Court by Mid-Toll Inc. of Hubbard, which owns 1.2 acres on Route 45 near or next door to the property purchased by O'Reilly. The property was once part of a larger tract that was subdivided into lots, and Mid-Toll claims a 50-foot right-of-way (ROW) exists to prevent some of those lots from being landlocked.

According to the lawsuit, Davis blocked access to the rear property by placing obstructions within the ROW starting this past February, thereby interfering with Mid-Toll's legal rights. Mid-Toll said Davis was advised of the situation but has refused to acknowledge the ROW, resulting in the company losing $700 a month in rental income for the property since April.

The lawsuit seeks a court order recognizing the ROW and permanently barring Davis from blocking access to the property, as well as compensation for any financial losses resulting from the defendant's actions.

The court issued a temporary restraining order on Tuesday prohibiting Davis from continuing to block the ROW pending the outcome of Mid-Toll's lawsuit.

 
 

 

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