Parties ask to continue May 23 trial in suit over flood damaged home purchase

Amelia Flood May 6, 2011, 6:44am

The parties in a suit brought by a couple claiming they were deceived about water damage and flooding risks to a Collinsville property they bought at auction are asking the court to continue a May 23 trial.

Plaintiffs Donald and Vickie Wilson filed a motion May 5 asking Madison County Circuit Judge William Mudge to push back the May 23 trial date.

No reason for the schedule change is given in the case's docket sheet and the motion is not yet available in the case file.

Mudge is set to see the parties as a pre-trial conference May 11 at 9 a.m.

The Wilsons are suing Donald and Peggy Shank and Terry Allan, doing business as Allan Auction Service.

The Wilsons claims that they were duped about the potential flooding issues and water damage to a property they bought at an auction of the Shanks' property that Allan conducted in April 2009.

The plaintiffs allege they have lost out on substantial rent payments from the Collinsville property. They also contend the defendants knew about the issues with the property and did not disclose them.

The suit seeks damages in excess of $60,000, attorney's fees, costs and other relief.

The defendants have moved to dismiss the suit alleging that the Wilsons knew they were buying the property "as is."

The Shanks also have a counterclaim pending against Allan.

Alicia Downs represents the plaintiffs.

William Berry represents the Shanks.

H. Carl Runge represents Allan.

The case is Madison case number 10-L-033.

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