By Wayne Allen
September 18, 2013
PDT Staff Writer
In events that date back to 2010, Irving Reedy, is alleging Scioto County improperly tore down his residence in West Portsmouth. As a result, Reedy has filed a lawsuit against a number of county officials seeking $247,000 and the return of the property.
One of the people named in the suit is Scioto County Prosecutor Mark Kuhn. At the Tuesday meeting of the Scioto County Commissioners a resolution was passed to hire outside legal council to represent county officials.
The resolution states, “Due to the Scioto County Prosecutor (Mark Kuhn) being named a party in Common Please Case Number 12-CIH-057, there is a potential conflict of interest in the Scioto County Prosecutor providing representation on behalf of the Scioto County Board of Commissioners, Scioto County Prosecutor, Scioto County Board of Health, Chad Sayer and Mike Trapp against allegation set forth in the complaint filed in Common Pleas…it is necessary to employ legal counsel to provide a defense on behalf of the Scioto County Board of Commissioners, Scioto County Prosecutor, Scioto County Board of Health, Chad Sayre, and Mike Trapp against the allegations set forth in the complaint.”
With the passage of the resolution, local attorney Robert R. Dever has agreed to provide the needed legal representation, with total compensation not to exceed $5,000.
In a document obtained from the Scioto County Clerk of Courts dated March 8, 2012, Reedy was trying to establish if the Scioto County Board of Health ever inspected the residence located at 1220 Main Street, West Portsmouth, whether the Board of Health enter(ed) the residence at 1220 Main Street, West Portsmouth, whether the Board of Health obtained a Court Order to enter the residence located at 1220 Main Street, West Portsmouth, what was the condition of the residence located at 1220 Main Street, West Portsmouth, whether the alleged condition of the residence fell under Emergency Exception to the right to a hearing before taking by a government agency, whether the Scioto County Commissioners and the Board of Health properly notified the Petitioner of the alleged conditions of the residence.
In seeking answers to those questions, Reedy sought out the testimony of Mike Trapp, of the District Board of Health Scioto County, Fritz Leighty, then Economic Development Consultant for Scioto County, Scioto County Treasurers and David Green, Scioto County Auditor.
In an undated affidavit by Reedy, he stated, “During 2010, my ex-wife Barbara and I were owners of the residents located at 1220 Main Street, West Portsmouth. On June 8, 2010 Mike Trapp, of the District Board of Health, attempted to send a letter to myself and Barbara Reedy of Reynoldsburg, Ohio regarding my home located at 1220 Main Street, West Portsmouth, claiming that the ‘vacant structure is dilapidated from a lack of maintenance and creating an unsafe unsightly nuisance to adjoining property’ and claiming powers under ORC (Ohio Revised Code) 370701 and 505.86. The District Board of Health never served me or Barbara Reedy.
Sometime in middle June 2010, the Scioto County Commissioners attempted to send a letter to myself (Reedy) and Barbara and again failed to use my mailing address on file. In August 2010, my family received a call from our neighbors indicating that Scioto County demolished my residence located at 1220 Main Street, West Portsmouth.”
In a document dated Aug. 26, 2013, Danielle Parker, Assistant Prosecuting Attorney, asked the court for an extension to answer the complaint.
“Council herein submits that this matter was referred to CORSA (County Risk Sharing Authority), the County insurer, for coverage and to provide for a defense. Council was notified on Aug. 22, 2013 that CORSA would not be providing coverage and/or a defense.”
According to Parker, a response by Aug. 29, would not be possible due to the necessity to hire outside council. She requested a 30-day extension.
Wayne Allen may be reached at 740-353-3101, ext. 228, or firstname.lastname@example.org. For breaking news, follow Wayne on Twitter @WayneallenPDT.