[January 08, 2011] Judge dismisses Vincent Apts. owner's suit Tweet CATLETTSBURG, Jan 07, 2011 (The Daily Independent - McClatchy-Tribune Information Services via COMTEX) -- A judge has dismissed a civil lawsuit filed by the owner of Vincent Apartments against the City of Ashland and several of its officials. David Young's suit stemmed in part from statements the officials made to an Independent reporter following the city's condemnation of Vincent Apartments a year ago. Young maintained in the suit that statements made by Fire Chief Scott Penick to Independent reporter Mike James and quoted in a Jan. 6, 2010, newspaper article were false, malicious and defamatory and damaged his reputation as a landlord. Neither The Independent nor James were named as defendants in the suit. Young also claimed that city code enforcement officials made false and defamatory statements in official reports and records regarding the condemnation. On Tuesday, Boyd Circuit Judge C. David Hagerman entered an order granting the city's motion for a summary judgment in the case. A summary judgment is one rendered prior to a verdict because no material issue of fact exists and one party or the other is entitled to a judgment as a matter of law In his ruling, Hagerman said Penick's reference to Vincent Apartments as "a dangerous building" was "fair comment on matters of public concern" and therefore protected from liability under defamation law. Hagerman also found that Penick's assessment was "clearly based upon the facts" disclosed in the newspaper article regarding city inspectors' discovery of critical fire code violations at Vincent Apartments. Those included "missing fire extinguishers and smoke alarms, a faulty alarm system and a fire escape with missing bolts. "The court finds that these citations were, in fact, issued and the issuance of such citation was clearly the stated and revealed facts which formed the basis for the opinion by Chief Penick that Vincent Apartments was a dangerous building," Hagerman wrote. Hagerman also dismissed Young's allegation that city officials defamed him in official records and reports because, he wrote, Kentucky law recognizes "an absolute and complete privilege from liability" for defamatory statements of local government officers who are engaged in a "quasi-judicial function," such as investigating fire and safety code violations. Young also claimed in the suit that he was denied due process and the right to appeal the notices of violation issued by the city. However, according to Hagerman's ruling, Young did, in fact, file an appeal though an agent, but failed to show up for the hearing on it or to submit a written statement of the case. "Plaintiff's due process claims must be dismissed as a matter of law because he failed to utilize the adequate remedies that were provided to him," the judge wrote. City officials ordered Vincent Apartments, which is located at 2341 Winchester Ave., evacuated following the condemnation. However, the building was subsequently brought up to code and residents were able to move back in several months later. KENNETH HART can be reached at [email protected] or (606) 326-2654. To see more of The Daily Independent or to subscribe to the newspaper, go to http://www.dailyindependent.com. Copyright (c) 2011, The Daily Independent, Ashland, Ky. Distributed by McClatchy-Tribune Information Services. For more information about the content services offered by McClatchy-Tribune Information Services (MCT), visit www.mctinfoservices.com. [ Back To TMCnet.com's Homepage ]