Belleville property owner sues neighbors over alleged misuse of shared driveway

Andrea Dearden Aug. 24, 2012, 3:55am

A Belleville woman has filed a lawsuit accusing her neighbors for allegedly misusing a shared driveway and allowing a rental property to deteriorate.

Susan K. Jones filed a lawsuit July 9 in St. Clair County Circuit Court against DMAK Properties Trust #120, doing business as State Realty Co. Property Management.

Jones says she bought a single-family home in the 2300 block of South Belt West in November 2002. In 2008, Jones says DMAK bought the adjoining property, which included an easement that allowed for shared use of a driveway. Jones claims the contract allows for use of the easement only in cases when vehicles are required to be off the street or sidewalk. It also allegedly states the vehicles must be of "reasonable size and nature."

Jones contends those rules have been broken several times over the years and, despite her verbal complaints to State Realty, have continued to be ignored. She also claims the tenants, Allen Simmons and Danette Green, have failed to maintain the property which led to the St. Clair County Zoning Department to "red flag" the house.

Jones accuses DMAK Properties of breach of contract and asks for more than $50,000 in damages. She is representing herself.

St. Clair County Circuit Court Case No. 12-L-349

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