CLAREMONT—The City of Claremont has been served with a lawsuit that challenges the city's ownership of Victory Pointe which is a project that is made up of a storm water treatment system, part passive park and part event venue.
According to Peter Vujin, a Miami-based attorney, the city of Claremont is at fault for violating eminent domain.
"The Fifth Amendment of the Constitution of the United States of America prohibits the taking of private property without just compensation," Vujin told Florida Record. "This law is otherwise known as 'eminent domain' - the Gov has the right to take any private property, provided, however, it pays just compensation."
The incident with the city of Claremont first began in May 2017, when Stephen Sprinkles claims that he owned a portion of the property under the east side of the pond, while Ellis Abide, who is a managing member of JO-EL alleges that he owns a portion under the west side of the pond; however, the city of Claremont would not comment on the lawsuits.
"Upon review of the record, it appears that the City of Claremont did the opposite of what the Law requires - they just used their enormous power to deprive the rightful owners without any compensation, let alone just recompense," Vujin said. "Ergo, the City is knowingly wrong since attorneys in Florida are charged with the knowledge of the Law."
In 2014, the state of Florida advised the city of Claremont that the state had "no apparent title interest in the subject land," according to the DailyCaller.com article, and Claremont assumed ownership.
"It is my professional judgment here that the City is counting on exhausting the plaintiffs and their funds in Court and thereby attempt to legalize the unlawful deprivation of the plaintiff's private property," Vujin said.
A final decision has yet to be made concerning the land and who owns it.