4 days ago
VB Bay Colony property dispute gets court hearing
VIRGINIA BEACH, Va. (WAVY) — Residents upset about a plot of land on York Lane in the Bay Colony neighborhood in Virginia Beach had their day in court Wednesday, with a judge issuing a temporary restraining order against any tree removal on the property until Aug. 1.
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10 On Your Side's Andy Fox first learned about the story as a Bay Colony resident, noticing the protest signs against the purchase of a piece of property at 1212 York Lane, as residents have said they are not happy with a decision by the city to allow a home to be built on what's described as a non-conforming lot. They want someone to be accountable.
That's why they were in Virginia Beach Circuit Court Wednesday, upset that trees are being destroyed on the property to make way for a house to be built on a lot they say is too small for one to be built on it.
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Judge Kevin Duffan came to the rescue, hearing the case after another court got backed up, and then there was a fire alarm that emptied the courthouse.
Duffan was able to hear the case, and ruled in favor of the temporary restraining order against any tree removal. The move was seen as a calming down period to iron out some lingering issues, and Duffan made it clear he thought destroying trees before the issues were worked out was not a prudent course of action.
The judge also supported fast-tracking a two-day trial on the issue, with both sides agreeing to a date sometime in July.
Dawn Kohan lives in the house next to the property in question. Her attorney, Kevin Martingayle said there were three issues to support the restraining order:
A boundary line change on the property
Deciding whether this property is a corner lot and could impact setbacks for a new development
Adverse possession
It came out in court that Kohan has been in her house since February 2022, and two other previous owners took care of the property since 1993 when other property when the actual owners did not.
Her attorney Kevin Martingayle told us outside court,
'It's obviously very important,' Martingayle said. 'It's not typical to adversely possess somebody else's property according to the way land records read, but if you occupy it, you maintain it, you improve it, and you do these things continuously over 15 years or more, then you can adversely possess property.'
10 On Your Side also interviewed the current property owner Josh Kinas, who paid $295,000 for the property, and will receive some court established bond benefits to help him during the period of time before the trial takes place sometime in July.
'I'm just going to trust in the process,' Kinas said outside court. 'I think the truth will prevail. You'll hear about it in July.'
It also came out in court that Kinas' employer, builder Bishard Homes, would fast track the building of the house to have it complete in about two months' time.
'I feel relieved that we can receive some justice in a couple of months,' Kohan said, 'and I know that my team will work as hard as anyone to make sure that happens.'
When asked what she would like to say to Kinas, she said 'I just wish that he had come to the house and talk it over or give a heads up as to what was going on.'
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