Huntington landowner says nightclub stole his property

By Cara Bailey | Jun 4, 2007

HUNTINGTON - A Huntington landowner has filed a suit against the owners of a nightclub previously located on his property, claiming the owners stole from him and destroyed the property.

John Montanez filed a suit May 15 in Cabell Circuit Court, against Daniel Muth Jr. and Roger Muth, who operate Club Inn Between, a nightclub now located on 20th Street in Huntington.

Montanez owns 2020 3rd Ave., where the nightclub used to be located. According to the lawsuit, Montanez and Daniel and Roger Muth were in a lease agreement, which ended March 31, 2005. After that date, the property was rented on a month-to-month basis, until a Notice to Vacate was given in the fall of 2006.

The property was vacated on March 31, 2007, when the nightclub moved to its current location.

However, Montanez claims some of his property is being used at the current premises. Also, according to the lawsuit, some fixtures and other items were removed, including hot water tanks, urinals, copper piping, heaters, roof top air conditioning units and locks on some doors.

According to the suit, the items taken total more than $20,000.

Also, the suit says Daniel and Roger Muth "damaged the premises by ripping out walls and electrical wires, cutting holes in the roof, chainsawing the bar into pieces," and other destructive acts.

Montanez claims the destruction caused more than $15,000 in damages.

Therefore, Montanez, through attorney W. Michael Frazier, seeks $35,000 in damages, plus punitive damages, for outrageous and malicious acts.

The case has been assigned to Judge John L. Cummings.

Cabell Circuit Court case number 07-C-414

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