HUNTINGTON – The owners of an apartment building in Milton allege the city demolished their property without giving them notice of violations or time to respond to the allegations before destroying the building.
Timothy Duncan and Kevin Justice filed a complaint in Cabell Circuit Court against the City of Milton, Mayor Tom Canterbury and Code Enforcement Official Joshua Jackson alleging negligence, deprivation without due process and taking without just compensation.
According to their complaint, the plaintiffs received a notice of violation on June 11, 2015, from the City of Milton alleging their multi-unit apartment building on Mason Street in Milton was "unsafe." On Aug. 14, 2017, the city issued a demolition order for the apartments on the plaintiffs' property and placed a lien on the property, the plaintiffs allege.
Duncan and Justice allege the city did not give them notice of any violations, did not allow them to respond to the alleged violations or the city's intent to demolish the building and demolished the building, which contained their personal property. They also allege they should have been compensated for the building.
The plaintiffs seek damages, a trial by jury and all other proper relief. They are represented by J. Tanner James of JTJ Law PLLC in Barboursville.
The case has been assigned to Circuit Judge Alfred E. Ferguson.
Cabell Circuit Court case number 19-c-445