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Victory Fireworks sues City of Prescott

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Victory Fireworks, 579 Vincent Ln., Ellsworth, filed suit against the City of Prescott, Fire Chief William Dravis, Prescott, City Administrator Elizabeth A. Frueh, Hager City, Zoning Administrator Jayne M. Brand, Prescott, Mayor Mike Hunter, Prescott, and Alderman Mark Huber, Prescott.

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Victory rents a warehouse and another parcel in Prescott from Premium Properties. According to the complaint, Victory has leased the property since 1995 solely for the storage of fireworks.

In 2010 the city, through its officials, adopted an ordinance making it illegal to store fireworks within 500 feet of a dwelling.

According to the complaint, the city has since issued two citations to Victory, but has never paid the company for its interest in the Premium property and has thus taken "Victory's right in the property without just compensation..."

The suit alleges a taking in violation of the U.S. Constitution and accuses the city employees and officials of conspiracy.

The suit asks for $2.5 million for the cost of relocating, costs incurred for 2010 and 2011 storage in a different place, the cost to purchase or lease a permanent replacement building and other damages.

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