In his motion to dismiss a landlord’s lawsuit, the Director of Building and Zoning for the City of Alton argues that the complaint should be barred as the plaintiff was recently charged with criminal housing management for allowing a mother and her four children to live in a home plagued with rats, cockroaches, and safety hazards.
Defendant Terry Buhs filed a motion to dismiss the complaint and supporting memorandum on Sept. 3 through attorney Charles Pierce of Pierce Law Firm PC in Belleville.
“A review of this Court’s docket reveals that he is frequently before the Court on ordinance violations and might fit some people’s stereotype definition of a slumlord,” the memorandum states.
Pierce wrote that Count I is barred by the Local Governmental Tort Immunity Act. Although plaintiff Jim Bailey brings his claims against Buhs individually, “a review of the facts alleged by plaintiff make it clear that the allegations do arise out of Buhs’ official duties in his capacity as an employee of the City of Alton,” the memorandum states.
“Clearly, Buhs, as a private citizen, would not be involved in inspecting the plaintiff’s rental property nor would an individual have a ‘subordinate’ assisting in these inspections,” it continues. “Nor would an individual citizen be able to ‘not allow Alton to issue an occupancy permit.’”
Pierce wrote that Count II “appears to be a poorly-pled attempt at claiming defamation,” which is also barred by the Tort Immunity Act and the fact that the alleged defamatory statements are true.
“Bailey claims that Buhs accused plaintiff of ‘criminal mismanagement’ and plaintiff claims that this is a false statement. This Court can take judicial notice of its own docket that Bailey was in fact charged with criminal housing management on August 7, 2020, for charges arising out of a complaint filed July 23, 2020 and that as of the date of this pleading, a warrant is still outstanding for Bailey’s arrest,” the memorandum states.
The criminal complaint against Bailey was filed more than a week before Bailey’s civil lawsuit against Buhs was filed on Aug. 3 through attorney Thomas Maag of Wood River.
Pierce wrote that Bailey is charged with a Class A misdemeanor. According to a police report by Officer Lindsey Snyder and Sergeant Andrew Pierson, they responded to a home owned by Bailey located on Alby Street after receiving complaints about bugs and rodents.
The police report states that the officer smelled “a strong odor of what appeared to be sewage or garbage, emitting from the basement.” He also observed that the foundation consisted of loose stacked stones; holes and cracks in the walls; cockroaches on the floors and walls; a thick layer of moss on the roof; rat droppings in the kitchen; loose, exposed wires; and rat remains covered in maggots.
The report states that the tenant residing there had lived at the property for approximately five years with her four children.
“Due to the fact that Bailey recklessly permitted the physical condition of the residence, which endangered the health and safety of [the tenant] and her four children, while being the legal owner of the property,” Bailey was charged with criminal housing management.
Additionally, Pierce wrote in the memorandum that Count III of the complaint, which seeks injunctive relief and accuses Buhs of intimidating tenants by openly carrying a firearm, should be dismissed. He wrote that Buhs is a retired police officer and does legally carry a concealed firearm. However, he denies openly carrying a firearm in violation of the law.
“There is no provision in law for entering an injunction which bars anticipatory transient violants of the law. This would be like the court entering an order barring someone from speeding. It is simply not a practicable or workable solution to the problem,” the suit states.
Regardless, Buhs argues that Bailey lacks standing to raise the allegation.
“Plaintiff alleges that the defendant’s actions intimidate the tenants. Plaintiff cannot seek injunctive relief to enforce rights of another person,” the memorandum states.
In his complaint against Buhs, Bailey argues that he owns several rental properties in Alton. He claims Buhs “personally dislikes him” and continues to “harass and interfere” with his rental business and tenants. He also claims the defendant uses his “official position to personally inject himself into situations that do not concern him.”
Bailey alleges Buhs told one of his tenants who had already signed a lease that she would have to find another rental property because he would not pass inspection of the home. Bailey claims the property had already lawfully passed inspection. Following the alleged incident, the tenant allegedly breached her lease contract and refused to pay rent because an occupancy permit was not issued.
Bailey seeks a judgment in his favor of more than $50,000, plus costs.
Madison County Circuit Court case number 20-L-1090