Couples sue MacWayne Apartments, owner over eviction notices

By Kyla Asbury | Aug 23, 2011

CHARLESTON -- Two couples are suing MacWayne Apartments and its owner in separate suits after they claim eviction notices were wrongfully filed against them.

On July 22, 2010, and July 23, 2010, John Empson, the owner of MacWayne Apartments, filed eviction notices in Kanawha Magistrate Court against Greg and Marylyn Scott and Curtis Green and Janiece Thompson, according to a complaint filed July 22 in Kanawha Circuit Court.

The plaintiffs claim the defendant falsely alleged the reasons for evicting them were because they were threatening and harassing neighbors and that the police told Empson to evict them.

A hearing was set for Aug. 4 and at the hearing, the magistrate dismissed the eviction notices and denied relief sought by MacWayne Apartments and Empson, according to the suits.

The plaintiffs claim the defendants engaged in a malicious prosecution by filing the eviction notices with false allegations.

The defendants' false allegations put the plaintiffs in a false light in the community and caused them defamation of character, according to the suits.

The plaintiffs are seeking compensatory and punitive damages with pre- and post-judgment interest. They are being represented by Thomas F. Basile.

The cases have been assigned to Circuit Judge Jennifer Bailey and Circuit Judge Charles E. King.

Kanawha Circuit Court case numbers: 11-C-1220 and 11-C-1221

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