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| By Terrie Morgan-Besecker, The Times Leader, Wilkes-Barre, Pa.McClatchy-Tribune Regional News Jul. 18--WILKES-BARRE -- The owner of the Red Carpet Inn on Kidder Street has filed a federal lawsuit against the city and its building code officer, alleging the motel was temporarily closed in 2006 without justification. The suit, filed Wednesday by attorney William Abraham of Wilkes-Barre, says city building code officer Frank Kratz did not have sufficient cause to enter the motel and order its closure after an inspection on July 24, 2006. The suit alleges Kratz also failed to give the motel's owner proper notice, and did not have the authority to order the closure of the business and relocation of its tenants. It further alleges Kratz invited the media to enter the premises without the motel's permission. The suit does not identify the owner, but previous media stories regarding the motel's closure identified him as Kiran Patel of Bensalem. Greg Barrouk, assistant to Mayor Tom Leighton, declined to comment on the suit Thursday, saying the city had not yet been served the document. In a story that appeared in The Times Leader on July 28, 2006, Kratz said the motel was closed because inspectors found a serious infestation of roaches while investigating a complaint filed by a tenant. Patel, who spoke to the newspaper at that time, acknowledged there were problems with the property, but complained city officials did not give him a chance to correct them before shutting down the motel. The lawsuit, filed in federal court in Scranton, alleges Kratz was motivated by animosity toward the owner. It seeks unspecified compensatory and punitive damages for alleged violations of the owner's right to due process. ----- To see more of The Times Leader, or to subscribe to the newspaper, go to http://www.timesleader.com. Copyright (c) 2008, The Times Leader, Wilkes-Barre, Pa. Distributed by McClatchy-Tribune Information Services. For reprints, email tmsreprints@permissionsgroup.com, call 800-374-7985 or 847-635-6550, send a fax to 847-635-6968, or write to The Permissions Group Inc., 1247 Milwaukee Ave., Suite 303, Glenview, IL 60025, USA. |
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