Feb 26, 2014 3 min read

A Buffalo Township couple who claimed they were wrongfully prevented from fixing a property damaged by a former tenant have settled a federal lawsuit against the city of Washington and its code enforcement officer, but neither side is discussing the terms of the agreement.

Gary and Kathy Yoders own the house at 805 Addison St., Washington, that was condemned and padlocked by Code Enforcement Officer Ron McIntyre after a tenant, Robert Noble, now 49, damaged the house while hiding from police in the summer of 2012.

Noble lived at the house with Yoders’ elderly mother.

The Yoderses were seeking compensatory and punitive damages, claiming they were victimized by the city’s wrongful use of the legal process and that they were kept from using their property.

Councilman Ken Westcott, who went Tuesday to the U.S. Courthouse in Pittsburgh, said Wednesday, “All I can tell you at this point is that the lawsuit has been settled but the final terms have not been completed. The documentation has to be signed and sent back.”

Gary Yoders was at work but his wife was present in federal court.

Their attorney, Charles Kurowski, said Wednesday, “I’m glad we settled it. If it went to court it could’ve been very embarrassing” for the city.

City Solicitor Jack Cambest, to whom Mayor Brenda Davis referred comment, said Judge Arthur J. Schwab set no deadline for the documents to be signed and returned.

Cambest said it would be inappropriate to comment on the settlement at this time, and even if the terms contain a confidentiality clause, media wanting the information because the city is a governmental entity would have to file a right-to-know request.

The matter arose when police apprehended Noble at the house some 30 minutes after he walked out of Washington Hospital, where he had been transported following his arrest on aggravated assault charges. Those charges have been withdrawn, but Noble is scheduled to appear in April before Judge John DiSalle on a variety of counts including simple assault, flight to avoid apprehension, resisting arrest and disorderly conduct.

Noble was found in the basement of the building, where he allegedly kicked a hole in the wall and broke sewer and water lines in order to gain entrance. He was hiding between a chimney and wall and refused commands to come out.

The city’s code enforcement officer was called to the house, where he condemned the building because of the damage. The Area Agency on Aging was contacted to move Yoders’ mother, who lived in an upstairs apartment of the residence, for her well-being.

Afterward, the Yoderses contacted McIntyre about getting into the house to make repairs when McIntyre told them that “nobody was getting into the property” and hung up, according to the lawsuit filed in January 2013.

The Yoderses claimed they repeatedly attempted in 2012 to gain access by contacting McIntyre, who refused their requests and became irate.

McIntyre also refused to return calls from the Yoderses while citing them for code violations at the property, the couple alleged.

Mr. and Mrs. Yoders claimed they had always kept their property in good repair until the incident with Noble. Prohibited access to the building to make necessary repairs, they said they were unable to obtain new tenants or even sell the property. The house at 805 Addison is still standing, but the Yoderses claim the city, in a condemnation notice, defamed them.