THE VIRGINIAN-PILOT 
              Copyright (c) 1997, Landmark Communications, Inc.

DATE: Saturday, January 25, 1997            TAG: 9701250302
SECTION: LOCAL                   PAGE: B1   EDITION: FINAL 
SOURCE: BY TERRI WILLIAMS, STAFF WRITER 
DATELINE: SUFFOLK                           LENGTH:   47 lines

RECORD SHOP OWNER LOSES IN COURT AGAIN

The city acted fairly in condemning a record and clothing shop that stands in the way of parking for a new courts complex, a judge ruled Friday.

The ruling goes against William E. Beamon Jr., the last holdout of a group of downtown business owners who had challenged the City Council's efforts to make way for the Mills E. Godwin Courts Complex.

Circuit Court Judge Rodham T. Delk also ruled that the council's action was not ``arbitrary and capricious.''

That was Delk's second decision against Beamon this week. On Tuesday, the judge ruled that Suffolk acted in good faith in trying to buy Beamon's East Washington Street property, Hot Spot Records and Tapes.

``It's sad, but what can I say? I came up short on this,'' said Beamon. ``But I'll be back in the game next time. I still maintainhope.''

Beamon's attorney, Joseph T. Waldo, said he plans to appeal to the Virginia Supreme Court.

Construction has started on the $14 million Mills E. Godwin Courts Complex on Main Street, but Beamon's property cannot be taken until some other legal challenges are exhausted.

Assistant City Attorney Kay Wilson could not be reached for comment.

Delk ruled that Beamon didn't establish a burden of proof against the city. During the hearing, Waldo argued that Suffolk was arbitrary because it didn't select certain other commercial properties near the courts complex; that there was sufficient parking available, and that the condemnation for parking was contrary to the city's 1993 Urban Design Plan. Delk wrote that such complaints were ``neither founded in law or fact.''

The judge also ruled that the city acted within its legislative powers when it condemned Beamon's property, contending the move was necessary for the project.

Two other legal questions remain in the courts.

Next month, Beamon will go to Circuit Court to determine how much assessed value he's owed on the property. The shop owner also has filed a $3.1 million federal suit alleging racial discrimination by the city. That case will be heard once remedies are exhausted on the state level. ILLUSTRATION: [Color Photo]

JOHN H. SHEALLY II

The Virginian-Pilot

William Beamon plans to appeal.

KEYWORDS: RACIAL DISCRIMINATION RULING SUFFOLK CITY COUNCIL