Dec 12, 2014 3 min read

Charles Kurowski, who’s no stranger to legal battles with Washington officials, is now challenging the city and its code enforcement officer, claiming they illegally condemned one of his buildings with plans to demolish it.

Kurowski’s lawyer, Jim Jeffries, filed the lawsuit Monday afternoon in Washington County Court appealing the city’s Nov. 6 move to put his 83 N. Main St. property on the list of dilapidated properties slated for demolition.

Kurowski claims the city’s push to condemn his building three times since 2012 caused him to lose several potential tenants who showed interest in leasing the space.

“It appears that the defendants are fabricating and/or choreographing a situation without any attempt to allow the plaintiff to come into compliance by correcting what is wrong with a functioning building,” according to the lawsuit.

The lawsuit also names Ron McIntyre, the city’s code enforcement officer, and claims he lied under oath during the hearing that preceded the 3-2 demolition vote by City Council when he stated the building is in disrepair and a danger to the community. Jeffries and McIntyre had a testy exchange during the code enforcement officer’s testimony over whether he could accurately assess the condition of the building as “abandoned (and) poorly maintained,” having never been inside. The lawsuit also states McIntyre cited a broken third-story window as a reason for demolition, even though Kurowski said it was recently replaced.

“Such testimony by (McIntyre) is fraudulent, perjurious, and indicative of malice,” the lawsuit states.

Kurowski testified last month the building has working utilities in the first floor and he uses it for additional office and storage space. The second floor was damaged by fire in August 2005, but Kurowski said he since made attempts to fix the damaged portion.

City Solicitor Jack Cambest said he couldn’t comment on Kurowski’s specific claims in the lawsuit, but he said it should nullify a federal lawsuit Kurowski filed against the city that is still pending. The hearing last month and subsequent vote were the due process Kurowski, in the federal lawsuit, claimed he was denied. That can now be argued in Washington County Court, Cambest said.

“We’re finally in the position where it should be, and we’ll go from there,” Cambest said.

He added the “problem will be solved” if Kurowski produces a building permit for work done on the structure and allows the city to inspect the inside of the property. Kurowski previously said the city should be able produce requested permits and officials have a track record of losing them.

Cambest admitted a letter from his office to Kurowski Nov. 12 informing him of the city’s ruling contained “mistakes.” It erroneously stated Kurowski and his lawyer did not attend the hearing, and that council voted unanimously to approve the condemnation. Mayor Brenda Davis, Councilman Ken Westcott and Councilwoman Tracie Graham voted in favor, while Councilmen Joe Manning and Terry Faust voted against demolition. Moreover, Kurowski’s lawsuit notes a letter to the editor written by Manning and published in the Observer-Reporter Nov. 12 in which the councilman questions the legality of the condemnation.

Kurowski is asking the court to issue a preliminary injunction and ultimately overturn the city’s ruling.