Caseyville property owner claims Holland Construction, L&W blocked his access

Kelly Holleran Feb. 2, 2010, 7:13am

A St. Clair County man says that during 2009 he could not access his property because a construction company blocked an access road leading to it.

Thomas G. Petroff filed a lawsuit Jan. 22 in St. Clair County Circuit Court against Holland Construction Services, L&W Excavating and 20 unknown people.

Petroff claims he owns property in Caseyville that adjoins a construction site where Holland and L&W work.

"That at all times relevant, Petroff had the right to exclusive possession and quiet enjoyment of his land in Caseyville, including the right to exclude others, including Defendants herein and their agents and employees," the suit states.

However, Holland and L&W entered Petroff's land with a bulldozer and other heavy machinery on Nov. 10 without Petroff's consent, the complaint says.

On the property lies an access road that Petroff uses to travel to his property.

"During the year 2009, Defendant Holland graded the premises, and placed concrete curbs and other obstructions making it impossible to utilize the access road in accordance with its regular and customary use, including but not limited to making it reasonably impossible to access the access road, and through it Petroff's property, via a motor vehicle licensed for use upon the public highways," the suit states.

Because of this and because the defendants disrupted Petroff's quiet use of his land, he says he has incurred unspecified damages.

In his five-count suit, Petroff seeks a judgment of more than $250,000, plus costs and other relief the court deems just.

Thomas G. Maag of Edwardsville will be representing him.

St. Clair County Circuit Court case number: 10-L-30.

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