The parents of a
young Pennsylvania girl who was sexually molested by their neighbor have
sued the man in a bid to force him to buy their house.
The
child's parents said they don't want to live next to Oliver Beck and
"are under duress to move." Their lawsuit, filed in Lehigh County Court
in Allentown, said his presence is "ultra-hazardous given the close
proximity" of Beck to the victim and their two other daughters.
Beck,
65, pleaded guilty in September 2011 to indecent assault of a child
under 13 and was sentenced to three to 23 months in prison. After his
release, he moved back to his home near Emmaus, about 55 miles north of
Philadelphia.
The suit contends the plaintiff's house is now
"virtually unmarketable" because their neighbor is a registered sex
offender. They want Beck to buy their house for $350,000, which they say
is the fair-market value plus fees and expenses related to moving to a
new home.
Beck's lawyer has asked a judge to dismiss that portion
of the suit, saying the law does not entitle the plaintiffs to force
Beck to buy their home.
The family, identified by their initials,
bought the house in 2005. The lawsuit said Beck befriended the couple
and groomed the girl with gifts and rides on a 4-wheeler, then molested
her in his basement, videotaping the Feb. 2, 2011 assault. The girl, who
was born in 2003, told her mother and the attack was reported to
authorities.
In response to the family's demand for compensation
for their home, attorney Robert Magee cited a 1998 state appeals court
ruling that said a plaintiff who lived next to a toxic-waste site
couldn't collect damages from an inability to sell the home.
Legal
precedent has established that "this is just a type of injury that
allows for no recourse, an injury without a remedy," Magee wrote in
court papers filed last week.
Magee declined comment Thursday to
The Associated Press. Attorneys for the plaintiffs did not immediately
respond to a request for comment.
The parents and child are also
suing Beck for monetary damages related to the assault. Beck's wife and
mother, who owns an adjoining property, are named as co-defendants.
Copyright 2013 The Associated Press.
In this undated photo provided by the Pennsylvania State Police shown is Oliver Larry Beck who was convicted of indecent assault of a person less than 13 years of age in Sept., 2011.
