Ken Mar Development filed a lawsuit asking a judge to order the removal of a Public Works vehicle blocking access to a 1,700-square-foot plot of land the development company acquired in 1994.
In the lawsuit, Ken Mar owners Tony Martino and Bob Kenyon cite the Fifth Amendment to the U.S. Constitution: "No person shall ... be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."
The builders plan on constructing a duplex on the property, which is located just off the corner of Bingham Street and Martin Avenue.
McTygue had the truck parked to block access to the property on Aug. 7, but Izzo said the truck was removed after a discussion with the DPW two weeks ago.
McTygue has said that in order for Ken Mar to develop the street, they must first get approval from the Public Works Department. McTygue said normally paper streets are developed into real streets after developers submit plans that meet city specifications and get permission.
He said he blocked access to the lot because Ken Mar was trying to use city-owned property as a "private driveway" into their project. He also accused the developers of clearing trees and brush from city-owned property.
The lawsuit was the latest incident in a years-old battle to develop the property that was part of a subdivision Ken Mar had received approval for in 1997. Ken Mar Development purchased a plot of land near Martin Street in 1994, as part of the same transaction that brought them the stretch of land on East Avenue that now accommodates duplexes.