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MADISON - ST. CLAIR RECORD

Friday, March 29, 2024

Apartment management company alleges city won't allow it to rent out properties

Lawsuits
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BELLEVILLE — A Belleville apartment management company is suing the city alleging that despite remedying a carbon monoxide issue, it is not allowed to rent out its properties.

Bellevue Enterprises LLC filed a complaint Feb. 25 in St. Clair County Circuit Court against the City of Belleville and Kenneth Bassler Jr. alleging negligence and malfeasance

According to the complaint, Bellevue Enterprises owns an apartment complex located at 201 Bellevue Park Drive in Belleville. On Dec. 19, 2015 the fire department was called to apartment No. 6 of the plaintiff's property in response to a carbon monoxide alarm and found that there were elevated levels, the suit states. The suit alleges the department also checked on units 2 and 7 as well. 

The plaintiff claims it then hired an HVAC contractor to inspect the furnace in each building, and the contractor found that a bird's nest had clogged the exhaust vent in unit No. 6. The suit states the contractor said that all of the furnaces where in good working order with no concern in relation to the carbon monoxide buildup. 

Bellevue Enterprises alleges Belleville has not issued occupancy permits for any of the apartments other than No. 2 and has stated that the permits will not be issued unless the furnaces are replaced.

The plaintiff accuses the city of tortious interference.

Belleview Enterprises seeks compensation in excess of $50,000. It is represented by attorney Van-Lear P. Eckert of the Law Office of Van-Lear P. Eckert P.C. in Belleville.

St. Clair County Circuit Court Case number 19-L-0153

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