Madison County Chief Judge Ann Callis will hear the Village of Maryville's motion to dismiss a suit brought against it by the owner of a sports bar who alleges the village and its police officers arrested him without cause at his ex-wife's urging.
While Callis had been set to hear the motion Feb. 26, she continued that hearing to March 15 at 9 a.m., adding "no further continuance," at the end of her written order.
A previous hearing in January had to be continued when plaintiff's attorney John Leskera informed the court he could not find his client, according to the order signed continuing that hearing.
The village filed to dismiss plaintiff Gary Lutman's suit in October 2009.
Lutman, owner of Sharky's, is suing the village, Mayor Larry Gulledge, Maryville Police Chief Richard Scharden, officers Thomas Kanzler and Mike Radosevich for more than $250,000 in damages.
Lutman alleges that his ex-wife, Sherry Lutman, swore out a misdemeanor complaint against him for allegedly trespassing at the couple's business in 2006.
He argues the village and its police force then arrested him without probable cause. He alleges he then was forced to move out of his apartment in the same building as Sharky's because he feared more charges.
The 2006 charges against Gary Lutman were dropped in August 2007.
In its motion to dismiss Lutman's suit, the defendants allege that the complaint signed by Sherry Lutman constituted probable cause for an arrest.
It also contends that Lutman brought his suit after the statute of limitations had already run out.
The Lutmans divorced in 2000 but continued to jointly own Sharky's until 2006. At that time, Sherry Lutman combined her shares in the business with another partner, removed Gary Lutman from his authority role in the company and barred him from the business's premises.
A lawsuit resulted in 2006 as did a restraining order that was to keep Gary Lutman away from Sharky's.
It settled in 2008.
In both suits, Leskera of Collinsville represents Gary Lutman.
The Maryville defendants are represented by Christine McClimans of Alton.
In the 2006 Sharky's lawsuit, the defendants were represented by Steven Giacoletto of Collinsville.
The Maryville case is Madison case number 09-L-910.