Attorney sues Metro Towers, owners for defamation, threats

MORGANTOWN – A Morgantown attorney is suing Metro Towers and its two owners after he claims they threatened him and defamed him.

David Biafora and Richard Biafora are the owners of Metro Towers, LLC.

In July 2009, Edward R. Kohout entered into a written lease for property on Evans Street in Morgantown that was a two-story house located on Evans Street, but the entrance of the house fronts the parking lot of what used to be Grand Central Business Center, according to a complaint filed Sept. 2 in Monongalia Circuit Court.

Kohout claims when he entered into the lease, he was told to park his car next to the house in the Grand Central parking lot because there was no entrance to the house on Evans Street. Kohout also rented his law office space in the North Building of Grand Central Business Center.

In August 2010, Metro Towers bought Grand Central Business Center at a foreclosure sale, according to the suit, and in October 2010, David Biafora called Kohout and "rudely and angrily told him to vacate the building immediately to make way for construction."

Kohout claims David Biafora told him that he hated lawyers and did not want any trouble with him because he was "not gonna take crap" from him. Kohout claims he said he would move, but reminded the defendants that his lease was through June 2011.

From Nov. 12, 2010, until June 2011, Kohout continued to park his car in the area next to his house, but in June, David Biafora approached him and told him that he could no longer park there, according to the suit.

Kohout claims he continued to park his car there all through June and July and it was not until the end of July that David Biafore told him again that he could not park in the drive way because they were getting ready to start work in that area.

On Aug. 27, Kohout parked his car again in the driveway to take his laundry and parked there until Aug. 30, along with the tenants in the triplex next door because there was no work being done, according to the suit.

On Aug. 30, David Biafora came to Kohout's home and told him that he was having his car towed to teach him a lesson, even though Kohout agreed to move the car, according to the suit.

Kohout claims that David Biafora called him a "scumbag lawyer" and other names, and then went and blocked his car in so that he could not move it.

After calling 911 and having officers come to the residence, Kohout was finally allowed to pay the tow truck driver $57.50 to release his car and David Biafora, the officers and the tow truck driver left, according to the suit.

Kohout claims the following day, Richard Biafora delivered a letter to him, telling him to not trespass again and threatening to take legal action against him.

The area that Kohout parks his car in is of no commercial use to the defendants and has nothing to do with the operation of the apartment house they own, according to the suit, and is often used by students as a short cut and the tenants next to Kohout are allowed to park on their lawns.

Kohout claims the defendants defamed him, threatened him and caused him distress.

The defendants also owe Kohout his monthly lease payments of $955 per month for seven months as he vacated his work office before the lease was up because of the defendants' orders, according to the suit.

Kohout is seeking compensatory and punitive damages. He is representing himself.

Monongalia Circuit Court case number: 11-C-558