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Judge Asking CPC to Produce More Info in Lawsuit Against Charlottesville

Posted: Updated: Feb 19, 2017 12:40 PM
Water Street Parking Garage in Charlottesville Water Street Parking Garage in Charlottesville
Water Street Parking Garage Water Street Parking Garage
Charlottesville's Attorney Thomas Wolf Charlottesville's Attorney Thomas Wolf
Charlottesville City Councilor Bob Fenwick Charlottesville City Councilor Bob Fenwick
CHARLOTTESVILLE, Va. (WVIR) -

The ongoing legal battle between the Charlottesville Parking Center (CPC) and the city is back in front of a judge.

CPC President Mark Brown wants to raise rates at the Water Street Parking Garage, which it manages for the city. The center also owns the land that the parking garage is on.

Charlottesville and CPC share an equal number of seats on a board that controls the Water St. garage.

Brown filed a lawsuit against Charlottesville back in March 2016, because he believes the CPC is not getting fair-market value for parking spaces at the garage. The city is counter suing.

John Walk, an attorney for the CPC, claims that it has the authority to raise parking rates due to the ongoing working relationship with Charlottesville.

Charlottesville argues legal documents already establish the relationship between the two entities, and there is nothing in those documents about setting rates at that garage.

Tuesday, February 7, a judge in Charlottesville Circuit Court said he would need to see more from the center.

“We are hoping to see some legal articulation of their claim, which at this point has just been conclusory allegations. We don't think that there is any possible basis for a claim, and we'll see what they come back with. The judge at least agreed that their complaint is not sufficient to inform the city what they're really arguing about,” said Charlottesville's attorney Thomas Wolf.

The judge is ordering the CPC to further explain its claim by filing a bill of particulars, because the current complaint doesn't have enough information.

The Charlottesville Parking Center and the city have had several talks outside of the courtroom in an effort to settle the dispute. However, both sides appear to be deadlocked, and it may be up to the courts to sort it out.

City Councilor Bob Fenwick says he doesn't want the dispute between Charlottesville and the CPC to affect businesses. He says the city's goal is to make the decision on parking rates fair on both sides.

"We're not trying to squeeze anybody, we want the businesses to flourish down here. We want the businesses to know that the city welcomes them down here and our policies reflect that," Fenwick said.

The councilor also says sometimes an issue like this is better in front of a judge because the two parties cannot seem to find a resolution on their own.

NBC29 reached out to the CPC attorneys but they will not comment at this time.

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