Counterclaim filed in case of demolished home
by Eric Snyder -- esnyder@cadizrecord.com
Mar 22, 2006 | 0 0 comments | 3 3 recommendations | email to a friend | print
In February The Record wrote about a lawsuit filed by Victor and Brandy Perez against Tim Warren and Better Built Garages. The Perez family alleges that Warren and Better Built Garages are responsible for the destruction of their Trigg County home, which was allegedly demolished when Warren repossessed two storage sheds — partially paid for by previous owners — which had been incorporated into the home.

As previously reported, repeated efforts to reach Tim Warren were unsuccessful. However, weeks after The Record printed its story, Warren’s attorney David Hargrove filed an answer and counterclaim to the Perez’s suit. For the sake of balance, the details of that filing follow.

According to the answer, Warren and Better Built Garages “deny that [the Perez’s] building was a home, but admit that they removed two portable buildings from the property in question.”

It also denies that Warren “ignored a ‘No Trespassing’ sign or used a backhoe to tear down any section of fence or number of fence posts.”

The answer does, however, “admit … that Tim Warren and other employees of Warren Construction took the heating and cooling system that was attached to the storage shed along with a water heater, the bathtub/shower, and the commode. However, the Defendants deny the allegation that Tim Warren ‘stole’ or otherwise engaged in any illegality or unlawfulness in connection to those items, or any others.”

Elsewhere, the answer also says Warren did remove “certain chattels,” or personal property. Reads the answer: “Defendants state that the Plaintiffs were notified that upon showing of sufficient proof of ownership, said chattels would be returned. Defendants therefore deny, as alleged, that they refused to return any property except the two portable buildings.”

As part of the counterclaim, Hargrove writes that Warren, after speaking to neighbors, determined that John and Debby O’Hearon, from whom he was repossessing the buildings, had abandoned the premises and found “no evidence of reoccupation by any party.”

The counterclaim also describes the manner in which Warren said the buildings were removed: “Warren Construction also had to detach the makeshift walls and roof from the two buildings. This was done in the most careful manner possible, but as the remaining structure was not self-supporting, it necessarily collapsed upon itself.”

Elsewhere in the counterclaim, it states that Victor and Brandy Perez contacted Better Built Garages demanding $10,000 and the return of their property.

“They stated that if their demands were not met, they would go to the media,” reads the counterclaim. It continues, “The Plaintiffs made good on their promise,” contacting two news channels from Paducah and Nashville and a Hopkinsville newspaper.

During those appearances in or on various media, “the Plaintiffs made slanderous and libelous statements about Better Built Garages, Inc. and Tim Warren,” according to the counterclaim.

For the rest of this article, please see this week's edition of The Cadiz Record.
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