Building owner claims former tenant misused building

Steve Gonzalez Mar. 31, 2005, 8:33am

9711 Fuser Road in Mascoutah.

Dev-Co Limited Partnership filed a lawsuit against DDS Right Choice Services March 24 in St. Clair County Circuit Court seeking damages for damage DDS allegedly made while leasing a building on 9711 Fuesser Road in Mascoutah.

According to the complaint, DDS is liable for the cost of repairs or maintenance needed as a result of DDS’s "misuse, waste or neglect" of the leased premises pursuant to signed lease agreements dated Aug. 1, 1983.

Dev-Co claims when DDS vacated the building on July 22, 2004, ceiling tiles were missing or damaged, tile floor in the office and cafeteria area was not properly cleaned and the plaster walls in the office contained several holes.

The suit also states that in the production area, electrical conduit was hanging loose after DDS removed machinery; conduit affixed to support beams was broken, plaster walls had holes, insulation along the west wall, east wall and interior wall between the production area and office was damaged, three loading bay doors were damaged, and tile floor was not properly cleaned.

Dev-Co claims the warehouse sustained insulation damage throughout the entire warehouse, a loading door was damaged, interior walls have been dented, and conduit on support beams were broken.

Dev-Co also states that DDS removed chain link fencing and shelving units without permission, and failed to pay rent in the amount of $4,553.92 for July 16, 2004 through July 22, 2004.

Represented by Jaw Dowling of Fairview Heights, Dev-Co is seeking a judgment in an amount to exceed $50,000, plus attorney fees, expenses and costs of the suit.

05 L 204 (20th Circuit)

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