Mudge continues trial in couple's claim they were unable to rent out house

By Christina Stueve Hodges | Jan 15, 2013

Judge Mudge

Madison County William Mudge on Jan. 9 continued a trial set for Jan. 28 in a lawsuit over a couple’s claim that they have been unable to rent out a house they purchased because of flooding issues that should have been disclosed prior to their purchase.

Donald and Vickie Wilson filed a lawsuit two years ago against Donald and Peggy Shank and Terry Allan, doing business as Allan Auction Services.

The Shanks' attorney, William L. Berry, filed a motion to continue trial on Jan. 4 due to an illness of one of the defendants.

The Wilsons claim they purchased property in Collinsville at auction in 2009, for $33,250.

Before the property’s sale, the Shanks owned it and hired Terry Allan to assist them in the auction, according to the complaint.

The Wilsons purchased the property with the intent to rent it out, but they discovered the back and side yard of the house flood on a regular basis rendering it unable to be used because of standing water that fails to properly drain, the suit states.

The Wilsons seek an unspecified judgment, an order the contract is terminated and an order that they be refunded their full purchase price and any money they have spent since buying the property including labor and loss of rent of $60,000.

Alicia J. Downs of the Law Office of Alicia J. Downs in Edwardsville represents the Wilsons.

Carl Runge  of Collinsville is the attorney for Allan.

Madison County Circuit Court case number: 10-L-33

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