JEFFERSONVILLE —
The former owner of Tubby’s Pizza has formally issued his intent to sue the city of Jeffersonville for razing the building that formerly housed his business.
The city tore down the building at 228 Spring St. after Jeffersonville Building Commissioner Russ Segraves — along with a private structural engineer and other city officials — determined the building was unsafe after a portion of the roof and a north wall collapsed in June.
However, the notice of tort filed by Glenn “Tubby” Muncy was not for the destruction of the property, but rather for what was inside the building when the structure was taken down.
Former pizzeria owner Glenn Muncy, was not the property owner. His brother, Carl Muncy, owned the building, which was for sale at $125,000 at the time. The city was able to reach a settlement with Carl and JoAnn Muncy and purchased the property that had been vacant for more than a decade for $100,000 in July.
Attorney Larry Wilder, who represented Carl and JoAnn Muncy, is also representing Glenn Muncy in his action against the city.
The unresolved issue was that Glenn Muncy claimed there were several hundreds of thousands of dollars worth of pizza ovens, refrigeration units and microbrewing equipment was in the building when it was demolished.
“Our intention is just to get what is fair and reasonable for the Muncys,” Wilder said. “Everything he had was in that building.”
Among the equipment listed in four pages of items in the claim was a conveyor oven worth $20,000, a walk-in cooler valued at $10,000 and three 175-gallon brew tanks valued at $1,200 each. The notice of a tort claim to recover the losses for that equipment and other items totaled $172,790.
Jeffersonville received the notice last week, said City Attorney Les Merkley.
“It’s my understanding that there was some personal property in the building,” he said.
Merkley added the city has turned the claim over to its insurance company and would not offer further comment because the matter involves pending litigation.
A statement included with the notice of tort claim said that when the building was taken down in June, Jeffersonville Mayor Mike Moore assured Muncy’s daughter and ex-wife — who were there the night the building was demolished — that the city was not going to raze the structure. Glenn Muncy has been in poor health, on dialysis, and in the hospital for an extended period.
A statement from Muncy’s daughter in a press release issued by Wilder says, “The mayor told us no to worry that he wasn’t going to tear down the building. We had people there to help move dad’s equipment. Then right after he told us that the bulldozers showed up ... we tried to get some of the stuff out, but the mayor told the police to stop us,’” according to the statement.
Moore disagreed with the statement issued and said that was not the case.
Both sides agreed that they will try to negotiate a solution before the matter would head to court.
Clark County
Related Photos
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The City of Jeffersonville began clearing the debris of the former Tubby's Pizza building Monday. Staff photo by C.E. Branham
Discussion
August 22, 2012
UPDATE: 'Tubby' Muncy files intent to sue Jeffersonville for lost property
The notice of a tort claim to recover the losses for that equipment totaling $172,790 was submitted Wednesday.
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