Nov. 30, 2022 10:23AM KANAWHA CO. CIRCUIT CLERK Ne 5006 Ft IN THE CIRCUIT COURT OF KANAWHA COUNTY, WEST vind, — elt, CITY OF CHARLESTON, A ” a West Virginia Municipal Corporation, ies & 7g Plaintiff, % » v. il Action No. JA-P-432 . JUDGE CROESUS EAST CHARLESTON i HOLDINGS LLC, a West Virginia LLC, | and PAR MAR OIL COMPANY, an Obio Corporation, ‘Defendants. On this 29" day of November, 2022, came the Plaintiff City of Charleston, by and through counsel, Kevin Baker, City Attorney, filed the City of Charleston’s Complaint for Injunction. Having considered the pleadings filed and exhibits presented, the Court hereby makes the following findings: 1, Plaintifs Complaint for Injunction alleges that Defendant Crocsus East Charleston Holdings LLC (hereinafter “Croesus”) is the owner of the real property located at 1503 ‘Woshington Street East, Charleston, WV 25311 and that Defendant Par Mar Oil Company (hereinafter “Par Mar") is the owner and operator of Par Mar Store #116, located at 1503 Washington Street Bast, Charleston, WV 25311 (Defendants Croesus and Par Mar are collectively the “Defendants” and the real propetty and Par Mat Store 1116 are collectively refered to asthe “East End Per Mar”) 2. Pursuant to West Virginia Code § $3-5-4.this Court has general jurisdiction to award injunctions and the Court has subject matter juisdition (and is proper vense) over this matter because the property at issue is situated in Kanawha County and all of tho Page 1 ofSNov. 30. 2022 10:24AM KANAWHA CO, CIRCUIT CLERK transactions and incidents allegedly occurred in Kanawha County. Pursuant to W. Va. Code § 8-12-5(23), the City of Charleston (hereinafter “City”) bas. plenary power to abate what it determines to be a public nuisance. In relevant part, that provision states: “In addition to the powers and authority. granted by: (i) The Constitution of this state; (ji) other provisions of this chapter; (iii) other general law; and (iv) any charter, and to the extent not inconsistent or in conflict with any of the foregoing except special legislative charters, every municipality ae ‘the governing body thereof shall have plenary power and authority therein by ordinance or resolution, as the case may require, and by appropriate action based thereon: s+ 23) To provide for the elimination of hazards to public health and safety and to abate or cause to be abated anythirig which in the opinion of a majority of the governing body is « public nuisance[.}* . Pursuant to this plenary power and authority, the City Council of the City of Charleston ” has adopted the Charleston Municipal Code, which states in Section 3 of the adopting Ordinance Number 6968 that in addition to aay penalty, “the city may pursue other remedies such as abatement of auisances (and! injunctive relie®” and contains Sections 1-8, 50-33 and 50-34, a copy of which are attached hereto as Exbibit A. Charleston ‘Municipal Code Section 1-8 further provides that violations of the code “that ere continuous with respect to time are a public nuisance and may be abated by injunctive or other equitable relief” Section 50-33 sets forth an enumerated list of nuisances, which includes any “act done or committed or aided or assisted to be done or committed bby any person, or any substance, being or thing kept, maintained, placed or found in or ‘upon aty public or private place, which is injurious or dangerous to the public health, Page 2 of 5Nov. 30, 2022 10:24AM KANAWHA GO. CIRCUIT CLERK No, 5006 PF safety o good order.” Charleston Municipal Code Section 50-34 sets forth additional nuisances, including the following: “No owner or operator of any property shall Imowingly allow on the property or permit the use of the property for any illegal activity.” . ‘The City bas alleged that the East End Par Maris a public nuisance and a hazard to the health of the neighborhood and community at large and has asserted that itis taking all necesaary steps to abate the nuisance. As part of its efforts, the Charleston Police Department made multiple arests related to the East End Par Mar today and executed a search warrant on the East End Par Mar. 6, The City has alleged that during 2022 at the Hast End Par Mar, the Charleston Potice Department has responded to more than 350 calls for service, made more than 100 arrests or tations including tose made today, and conducted an investigation of the activities at the East End Par Mar wherein it has connected at least 20 people, including at least one employee of Defendant Par Mar Oil Company, with the illegal sale of controlled substances from the Bast End Par Mar, 71. ‘The Chatleston Police Department also responded to a shooting at the East End Par Mer on May 7, 2022 at approximately 6:50 pm., Which resulted in « man being critically injured at the Bast End Par Mar end enofher man being charged with malicious wounding. . The City is seeking preliminary and permanent injunctive relief to abate the public imisance at the Bast End Par Mar in order to protect the citizens of Charleston and. visitors to Charleston from suffering irreparable harm. 9. The Court FINDS that the City has # statutory right fo seek injunctive relief as Page 3 of SNow. 39, 2022 (0:24AM — KANAKHA CO, CLRCUIT CLERK Wo, 5006 PF. 4 contained in the Complaint for Injunction, When balancing the equities at issue, the i Plsinf?'s request for preinnary injunction to bste a public nuisance by temporaily closing and physically shuttering and/or padlocking the entrances to the Bast End Par Mar outweighs any interests the Defendants may have in operating the business in the short term, ‘ 10, Based upon the pleadings and exhibits, this Court hereby FINDS that the City has citbisned the existence ofiumediate and ineparble harm that would suppod the granting of a temporary restraining order pursuant to Rule 65 of the West Virginia Rules of Civil Procedure and under the Court's auhority provided by West Virginia Code §.53-5-4. The Court further FINDS that the City has shown that an adequate remedy af law does not exist absent the granting of this preliminary injunction, LL. The City certified that it provided actual notice to Defendant Par Mar Oil Company aod continues to make reasonable efforts to provide actual notice o Defendant Croesus Bast Charleston Holdings, LLC. The Court FINDS that « temporary restraining onder uy be granted without written of oral notice to Defendant Croesus East Charleston Holdings, LLC because it cleatly appears from the facts show by the Affidevit and ‘Complaint that imimediate and ieparable injury, loss, or damage wall result to the applicant before the Defetdants can be heard in opposition aid the City Attorney continues to make efforts to give notice. WHEREFORE, based upon the foregoing, this Court hereby ORDERS that the Defendants, collestvely, ate temporarily restrained from operating the East Bnd Par Mar, located at 1503 ‘Washington Street East, Charleston, West Virginia effective immediately and until further order of this Court. The City of Charleston, through its police power and statutory power to hbate.a ; Page 4 of S2022 10:24AM KANAWHA CO. CIRCUIT CLERK No, 5006 P, 5 public nuisance, has the authority to enforce this Order by physically shuttering and/or padlocking the entrances to the East End Par Mar. The Court hereby schedules a hearing on the Complaint for Injunction to hear from the Defendants and make further rulings in relation to this matter for the -1™ day of December, 2022 ot 1:30pm ‘The Clerk is DIRECTED to send certified copies of this Onder to the following: Croesus East Charleston Holdings LLC 8199 McKnight Road Pittsburgh, PA 15237 Par Mar Store #116 1503 Washington Street East Charleston, WV 25311 Kevin Baker, City Attorney City of Charleston 501 Virginia Street Bast Charleston, WV 25301 Par Mar Oil Company L14-A Westview Avenue Marietta, OH 45750 Charleston Police Department 501 Virginia Street Bast Charleston, WV 25301 ENTERED this_ 29 day of November, 2022. Kevin Baker [WVSB No. 10815] City Attorney City of Charleston 501 Virginia Street, Bast Charleston, WV 25301 Te (304) 348-8032 Fax: (304) 348-0770 kevin baker@cityofcharleston.org atts to (Barter N-AAQ-I2, SW Jud Akers: Page 5 of