The City of Washington Court House prevailed in winning a lawsuit filed against a property owner who was allegedly running a business out of the personal residence against city codes.

The city was granted the issuance of a permanent injunction against parking construction vehicles and equipment at their residence and on the street in front of the house.

The building/zoning office sent a notice of violation to Shawn and Delta Hastings of 1045 Damon Drive in October of 2023 after numerous complaints from residents in the area. The violation was regarding zoning of a residential home and using that residence for conducting business at that location. A concrete construction company does not qualify as a conditional occupation listed and enforced by the zoning office of the City of Washington.

Since the violation was not corrected and construction equipment was continually parked on the premises, the city attorney filed a Complaint for Temporary and Permanent Injunctive Relief with the Fayette County Common Pleas Court on Feb. 23, 2024, citing all the violations and relief sought to prevent the code violations occurring.

As the legal process commenced, an answer was filed by the defendants, the Hastings, through their attorney, and pre-trial activity occurred. A court hearing was scheduled for Aug. 8, 2024.

At the hearing on Aug. 8, Rod Bryant, the city’s building/zoning official, was called to testify first stating the timeline of the permit process to construct the new home at 1045 Damon Drive. After completion of the building process, construction equipment was found to be on the property and on the street. Bryant received written and verbal complaints regarding the obstruction caused at the Damon Drive and Highland Avenue intersection because of equipment parked on the street.

Neighbors were subpoenaed and called to testify regarding their experience in traveling on Damon Drive. All said that they had observed the construction equipment at all times at that residence. Some witnesses stated that near head-on collisions occurred because of the house in question being on the end of the block and the equipment was obstructing the view for those turning right from Highland onto Damon Drive. A car coming down Damon could not see a car turning onto Damon with the vehicles on the street. The neighbors all said it was an extreme safety issue for their neighborhood.

After five witnesses testified, the defense stipulated that equipment had been parked as described, therefore, the sixth witness did not have to testify. The witnesses all stated that it was also a hazardous condition for school buses due to the residents living further down Damon Drive and at Highland Greens condos.

Exhibits and evidence were presented and oral closing arguments concluded the day in court. Information such as the equipment being a violation of city codes, prohibited use of a residential property, the impact on other residents in the area, severe safety hazards being a concern, and the unsightly appearance of a relatively nice looking neighborhood were all addressed, as well as the zoning being for residential/living use only.

The judge stated that he would take the case under advisement and render his judgment in a short time.

On Aug. 13, Judge David B. Bender signed a judgment entry for permanent injunctive relief to the plaintiff, city attorney Mark Pitstick and the City of Washington against Shawn and Delta Hastings. The judgment stated that months after the construction of the home at 1045 Damon Drive, trucks, trailers, dump trucks, concrete dollies, and other vehicles were parked in the driveway, on the residential property, and on the street. It was established that the Hastings were conducting a concrete business from their residence as the evidence showed.

Photos were in evidence and neighbor’s complaints were in writing and in testimony to prove the city’s case. No parking signs were erected in front of the residence closer toward the Highland Avenue entrance-way to prevent obstructions on the street for safety reasons.

The court found clear and convincing evidence that the zoning codes were violated and a concrete business cannot be operated from a residential home. The said violations constituted a public nuisance, traffic hazards, and were compounded by piles of dirt being left in the street from said construction equipment being parked daily and overnight. The judge found that the defendants maintained this public nuisance for an extended period of time in strict violation of city codes. The judge also noted that in purchasing that piece of property in the city limits, “the defendants knew or should have known that the property is subject to zoning ordinances governing said real estate and their use of said property.”

Therefore, Shawn and Delta Hastings are permanently prohibited from operating a construction business from that residence and that no construction vehicles may be located on that premises. The property of 1045 Damon Drive was declared to be a public nuisance because of the business operation and they are to cease and desist from said business at that location, pursuant to the court order.

By investigation, the business address is now listed as a residential vacant house located at 232 N. Main St. in the city, the house being owned by a Hastings trust out of Zanesville, Ohio. In 2023, the Hasting & Son’s concrete business lost their Better Business Bureau accreditation due to failure to adhere to required standards, according to records.