Wednesday, November 16, 2005
The case involves a man's property that was cleaned up.
WARREN -- A Sheakleyville, Pa., woman has filed a lawsuit in Trumbull County Common Pleas Court on behalf of a Hartford Township man, asking that an $18,000 tax assessment be overturned.
Ann Miller, who has power of attorney for Allen L. Coonce, 4068 state Route 7, filed the suit this week. It names as defendants the Hartford Township clerk and trustees, the Hartford Police Department, A-1 Hauling Inc. of Warren and Trumbull County Auditor David A. Hines. The case is assigned to Judge Peter Kontos.
Trustees had passed a resolution authorizing A-1 Hauling to clean up Coonce's property to abate a nuisance. That resolution was based on a Common Pleas Court order requiring abatement of a nuisance.
What was charged
The company charged $18,000 for its services, and that cost was assessed in November 2004 to Coonce's property taxes, the suit states.
The suit asks for that assessment to be declared null and void. It states the contract between the township and A-1 did not give A-1 salvage rights.
The suit says the township did not require A-1 to account for items taken from the property or to credit Coonce with the value of the items. Therefore, the suit states, the contract between the parties should be declared illegal.
It also alleges that trustees did not obtain proper estimates and bids for the work done by A-1 Hauling, failed to account to Coonce for the value of the property removed, that A-1 removed property that it should not have, and that it removed collector's motor vehicles, antique farm machinery and operable machinery.
The suit asks for an accounting of all items taken from the premises and damages in excess of $25,000, along with attorney's fees and costs.