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Kent, old hotel remain locked in court battle

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By Matt Fredmonsky

Record-Courier staff writer

A civil court battle between the city of Kent and the owner of the old Kent Hotel remains deadlocked as both sides argue who has the right to $428,000 in liens filed against the property.

The vacant, five-story building at the corner of DePeyster and East Main streets has been the subject of court proceedings since 1999. Ten years ago, a Portage County Common Pleas Court imposed fines of $1,000 per day against the previous owner, Joseph Bujack, for failing to comply with a separate court order telling him to bring the building into compliance with city building, health and safety codes.

Nearly half million dollars in liens have accumulated since the 1999 court order. The crux of the case remains who is responsible for collecting on the liens — Kent or Portage County?

The building’s current owner, Kent Hotel LLC principle partner Gregg Vilk, a former tenant of Bujack’s, obtained the building in 2004 and in 2007 gutted the interior and replaced the roof. Vilk filed suit against Kent in October 2008 asking the court to waive the fines and clear the property title because his work brought the building into compliance with the order against Bujack. He argues the city has no legal claim to the liens because they were the result of a county court order.

“If the fines were imposed as a building violation, then the city would have a claim,” Vilk said. “The problem is the fines were imposed as a contempt of court order, not as a building violation.”

However, the Portage County Prosecutor’s Office reviewed the case to determine what part, if any, the county has in collecting the liens.

Portage County Prosecutor Victor Vigluicci said his office determined the county is not a party to the litigation and has no interest in the property except for the approximately $8,000 in back taxes owed.

“The matter of contempt assessments levied by the court are a matter for the court to rule on as to whether they are valid liens or whether the owner has purged the contempt by actions since they were imposed,” Vigluicci said in an e-mail.

But the finding by the prosecutor’s office also stated the city is “the appropriate party to attempt to revive and enforce the judgments against Joseph Bujack, Kent Hotel LLC and any other subsequent party’s at interest,” according to court documents.

That finding prompted Kent Law Director Jim Silver to file a motion in September with the court asking the judge to transfer the interest in the $428,000 in fines levied against the building to the city and to name the city as “the proper party to enforce the contempt judgments that were issued for the benefit of the city of Kent.”

A hearing is set for Nov. 20 to give Vilk the opportunity to argue against Silver’s motion.

 




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   Next 10 Comments of 18 Total Comments
18.
    Posted by Dan Boyle_inactive November 10, 2009
Fair Tax
That is one of tne best questions yet.
Old Joe B. as we called him,Had more money than 10 of us put together.
He did earn it by hard work.

I did business with him a few times over the years.

Joe B. was a million dollar guy a few times over.
That is a fact known to many.

Again something smells like old pals helping old pals.

17.
    Posted by Fair Tax 1 November 10, 2009
I wonder why the liens on the property were not paid out of Bujack's estate or why the Portage County courts did not pursue the estate for the liens. Definitely sounds like a conspiracy to me that is going to cost the city money and keep the hotel from being an income producing property. It also seems like the city keeps losing the lawsuits.

I think city council needs to take a step back and start questioning the administration about the continuing costly failures in reaching some type of agreement.

16.
    Posted by Dan Boyle_inactive November 10, 2009
Mr.Vilco you have some really good stuff.
I can not begin to match it, but I do have a good story.
I have documentation about Eric Fink's bad behavior while he was an ass t. prosecutor for portage county.
I gave the documentation to kent councilman Wayne Wilson soon after Fink was brought in the back door.
Wayne is an honest guy.
The next day Wayne called me, he was upset and wanted to know if he could give my paper work to David Ruller.
I said sure and tell David to call me.
David never called me.
I checked back with Wayne and was told.
David does not want to talk to you.
True story.

Iam also friends with former kent councilmen,
Dan Kambrough and Loyd Adkins.
Their stories of trying to make honest ,sound decisions for kent were just sickning.

15.
    Posted by VILCO November 9, 2009
The collusion and conspiracy is throughout the entire City Administration & Council Chambers but the City results are nothing than continued failure. These individuals are nothing more than a bunch of goofs.

Here are a few more facts to show how this Administration puts deal together.


ENJOY!!


January 2, 2007
City Manager to Doug Fuller (President/Kent Main Street)
City Document
Doug, I'll have a copy made for you. When it's ready I'll let you know. Thanks, Dave
(hand written note) request for Structural report

January 5, 2007
City Manager (Dave Ruller)to Economics Department (Gary Locke)
City Document
You and Mike both know the drill so if you feel yourself getting backed into a corner, just do as Mike has done and advise Greg that you'll have to check with me.

January 5, 2007
Economics Department (gary Locke)to City Manager (Dave Ruller)
City Document
Are you ok with me or Mike talking to him or do you want to handle all these conversations. I don't want us jumping ahead of you or be part of any "end runs" that Greg may be attempting.







January 5, 2007
Economics Department (Gary Locke)
City Document
Greg also started raising questions about the 108 program with Mike and Mike advised him that he would need to discuss that more with me or you. I have advised Mike, Bob Nitzsche and Al Hall to let me know of anything that they are dealing with on the hotel project including calls from Greg or his people so that I can stay in the loop and keep you and other senior staff in the loop. Chris and Gene are probably getting tired of seeing me given some of our discussions over the past few days. This is a tough one and we all need each other's help on it.

January 17, 2007
City Manager (Dave Ruller)to Administration
City Document
Greg Vilk called me this morning He'd like to meet this week to review the next steps with the building based on the letter from Robert. He'd also like to discuss some of the financing options that he's been talking about with Mike Weddle about. He asked if anyone had any particular recommendation, if they wouldn't mind sending them to him in advance so he could be prepared to talk about them. Forward any recommendation to me, I'll send them along to Greg.

January 17, 2007
Law Director (Jim Silver) to City Manager (Dave Ruller)
City Document
Dave, I would include Jim Williams' concerns about a dark, boarded up space. Jim doesn't feel it would be safe to send his firefighter into a dark space (because windows are boarded up) to fight fires. Greg should probably know this. Jim S.

January 20, 2007
City Manager (Dave Ruller) to Service Director (Gene Roberts)
City Document
Gene, I drove by last night around 9 pm and everything was in place. Hopefully it will work. I talked to Vilk and I have to admit for the first time in Kent I lost my temper with the guy when he started griping about paying for the materials. At the end of the conversation he agreed but I won't believe it until I have a check in hand. The trouble is, I'm not sure we have an option to cut him off and try to go after his building with any certainty of success. I just don't see that working out in our favor as we don't really have a lot of leverage over him, and he knows it. So I keep negotiating as much as we can because I honestly feel that in the end, if he can't get the funding he needs, he might be willing to turn the building over to the city. So I guess we'll have to grin and bear it.





January 20, 2007
Service Director (Gene Roberts) to City Manager (Dave Ruller)
City Document
Who knows, maybe this will end up at the corner stone of a new down town and if that is the case we will have just a little different type of Grin on our face. All we can do is stay the course and the history we are making will tell us where the trail ends.

14.
    Posted by VILCO November 9, 2009
COMMENTS AND SOME BRILLIANT THOUGHTS FROM GARY LOCKE (KENT ECONOMICS DEPT) TO DAVE RULLER (KENT CITY MANAGER).

SINCE GARY LOCKE & DAVE RULLER FAILED TO FILL BOB MAYFIELD'S DREAM THEY SHUT HIM UP BY REWARDING HIM 500,000.00 FOR PLAYING THE GAME AND FOR A BUILDING WORTH LESS THAN HALF THE MONEY.

JUST GOT TO BE ONE OF THE GOOD OL BOYZ IN KENT?

January 2, 2007
Economics Department to City Manager
City Document
With $300k as a starting point (none of this or very little City money), we would need to find out what Vilk wants for the property, assuming that McKay would go for the idea. I would see McKay Bricker using the first floor and possibly making the second into an apartment or two. The middle floors could potentially be used by the KSU Arts people and we would need to see what they could bring to the table to provide some potential cash flow or investment for the project. Beyond 300k plus KSU, we would have a gap that would need to be filled for remaining acquisition/renovation. At this point, I do not know how much that is. Here is where I really start thinking out loud. If the City were going to put $200,000-$400,000 into the building just to tear it down, perhaps Council would be willing to do that as a loan to McKay Bricker to fill in the gap

13.
    Posted by Super Kwick Carl November 9, 2009
To everyone. I think these and other city land use problems were preventable.
Now it is stunting the growth of Kent.

Also zorro,dukes of muskrat,top cat and super kwick carl are all from one honest law firm.

12.
    Posted by Super Kwick Carl November 9, 2009
Mr.Vilco seems to know what he is talking about.

He also is not hiding his name.
SSSOOOO knowing zorro and the Eric Fink.
I vote for some house cleaning in the city of Kent leadership.
One other note David R, the city manager, knows about the Fink and Silver show.
He was given documentation about Fink's problems years ago.

So that means David R is chicken s--t or part of the gang or both.

11.
    Posted by VILCO November 9, 2009
The City of Kent has continued to create false ligation issues, which eliminates our right to freely market the property to any prospective buyer or tenant. We have lost a hand full of opportunities (lease & purchase) due to the standing suit & the Bujack contempt of court fines. Funny thing is how come Portage County and/or the City of Kent never made a single attempt to collect from Bujack or his estate dating back to 2000?

Unless there is a fire sale, No One and I mean no one will invest a dime into a property with the pending ligation/fines and the City of Kent is well aware of it.

To better understand our commitment, the Hotel property received an investment well over $200,000.00 (not including professional fees) during 2007 & 2008 to comply with the court order. Immediately after the repairs were completed along with receiving repair approvals from the City of Kent Building, City of Kent Fire & Health Departments the City of Kent Law Department decided to file a motion of contempt stating the repairs were not complete. At the very end of that three month trial the City of Kent asked the Court to dismiss the motion based on our compliance. The City of Kent Administration & Law Department played every game in the book and was allowed to proceed with unethical standards within the Portage County Courts. All they want is to break us and run with our tails between our legs. Just read the posting from the City Documents.

You can come to your own conclusion about us but we have decided to defend of rights as property owners, keep our purse and pursue the City of Kent for damages. The residents are ultimately responsible for the public official's actions.

10.
    Posted by bdog November 9, 2009
Dukes you must be referring to the good old boys network of Portage co. Sounds familiar

9.
    Posted by Top Cat November 9, 2009
To Kent-Rite.

I thought about that one also.
Maybe Mr.Vilk can tell us about that one.
Especially after the really long post on the Phoenix article.

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