Lawsuit filed Alexandria Capt. Scott House deemed uninhabitable
A civil lawsuit has been filed against Alexandria’s community and business councils after a company claimed they breached a contract requiring them to keep the Captain Scott House inhabitable.
A Nov. 17 civil lawsuit filed by Columbus-based Harmony Realty II, Ltd. was filed against Alexandria Community Council, Alexandria Business Council, Alexandria Community Association and Roy Van Atta, Licking County treasurer in Licking County Common Pleas Court.
In 2009, The Columbus Dispatch reported The Captain Scott House had an open house after the historic structure was moved in 2007. This Week News in 2007 reported about a dozen volunteers had committed to restoring the home.
This Week News said the Captain Scott House was built around 1870 for Joseph M. Scott, an outspoken abolitionist and Civil War Captain. Scott was a prominent and successful farmer, and early local historian.
In the lawsuit, Harmony Realty said they are the owner of real property located at 2406 Johnstown-Alexandria Road in Alexandria. They claimed Alexandria Community Council entered into a verbal lease agreement in 2007 to lease part of that property, allowing a building known as the Captain Scott House to be moved onto the property.
Harmony Realty claimed a stipulation of the agreement was that Alexandria Community Council was to pay rent and enjoy use of the property “as long as they made improvements to the House to restore the home and keep the House in habitable condition.”
“The Defendant Alexandria Community Council is in breach of the Agreement as the house is now inhabitable,” the lawsuit stated. “That defendant, Alexandria Community Council, failed to remit payment pursuant to the Agreement and has otherwise failed to perform its contractual obligations.”
According to Harmony Realty, their business has attempted to resolve the issue on its own and through counsel without success.
The company claims they have incurred responsibilities for the house, including code violations involving the house.
According to the company, Alexandria Community Council ceases to conduct business nor exist in the community. Defendant Alexandria Community Association, the business said, has been named the predecessor of the community council.
The remaining defendants have been named due to belief they may have an interest in the property.
Concluding the lawsuit, Harmony Realty requests the title to the property be found in their interest, their title to the property be quieted against all defendants, that the defendants be required to set up their interested or an award of damages be proven against the defendants, and statutory prejudgment interest be ordered along with attorney fees and costs.
Officials from Alexandria Community Council, Alexandria Business Council, and Alexandria Community Association could not be reached for comment.
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