J.A.I.L. News Journal
Los Angeles - November 25,
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We're From The Gov't.,
We're Here To Help
Official fined $20,000 over 'frivolous'
by The Associated Press
As reported in the Seattle Times
Thursday, October 12,
KENNEWICK - A city councilman who sued the city over
a $19.50 water-heater permit has been ordered to pay nearly $20,000 in
fines and legal fees by a judge who called his
Kennewick City Councilman Tom Walker says he will
appeal the ruling by Benton County Superior Court Judge Craig
The three-term councilman said he plans to represent himself,
as he has done in other unsuccessful lawsuits stemming from
the water-heater permit flap.
The dispute involves a new water
heater Walker had installed in his home in 1997. It was
originally installed without a permit, which the city maintains is
required under a plumbing-code ordinance.
Walker disagreed, saying
permits are not required for replacement water heaters. Nevertheless, he
later purchased a permit.
The test of wills escalated, however, when
city inspectors came to Walker's house to examine the newly installed
He refused to let them in, even
when they returned with police and a search warrant. A judge later
dismissed city charges of obstructing a public servant that had been filed
against Walker and his wife, Ann.
In a ruling published yesterday,
Matheson decreed Walker's claim that he and his wife suffered millions of
dollars in emotional damages in the confrontation was "frivolous,
unfounded, false, malicious and prosecuted without probable
Walker has filed three lawsuits in all: one against the
city inspector, another against the city for its attempted prosecution
of him and his wife, and a third asking a judge for an interpretation
of Kennewick's ordinance. That was too many cases,
The judge ordered Walker to pay $14,180 in legal
bills to a private attorney who represented the city, and an
additional $1,000 each to five current and former members of
the Kennewick Police Department named in his lawsuit. The total
bill is $19,180.15.
Copyright © 2000 The Seattle Times
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