The owner of a demolition company seeks to dismiss a suit alleging he demolished a building for scrap, arguing that the complaint includes false statements intended to embarrass and harass the defendants.
Mark Gates filed the complaint on Nov. 17 against Charles Powell Jr., doing business as Powell’s Demolition, and Robert Betts.
According to the complaint, Gates alleges Powell caused a fire to start at an adjoining building in November 2014. He then allegedly falsely obtained a demolition permit issued by Betts and tore the structures down to take bricks and steel beams for resale.
Gates alleges the defendants demolished his building without his permission, depriving him of the value of his building.
Powell filed a motion to dismiss on Aug. 10 through attorney Colleen C. Jones of Cook Ysursa Bartholomew Brauer & Shevlin Ltd in Belleville.
“A complaint does not state a cause of action if it does not contain factual allegations in support of every fact or element of the particular claim being asserted,” the motion states.
Powell argues that Gates failed to establish well-plead facts. He calls the complaint confusing and defective, and says it contains improper allegations.
“Defendant should not be required to sift through Plaintiff’s lengthy Complaint to determine which facts, if any, may apply to each of Plaintiff’s Counts.
“The Complaint contains many statements which are either completely false or are slanderous, included only for the purpose of embarrassing and harassing the Defendant, and which are not relevant to any issue raised, by Plaintiff.
“Further, the Complaint raises allegations which Plaintiff is not the proper party to raise, and seeks relief which Plaintiff is not entitled to recover,” the motion states.
The motion to dismiss was taken under advisement and a hearing was set for Oct. 10 at 9 a.m.
Gates had previously filed a motion for summary judgment on July 31 through attorney Penni S. Livingston of the Livingston Law Firm in Fairview Heights.
He argued that Powell failed to file an answer to the complaint for over eight months.
Gates explained that the complaint was filed Nov. 17, 2016, and Powell’s answer was due on or before Dec. 20, 2016.
St. Clair County Circuit Court case number 16-L-615