The suit claimed the city “regularly issues citations for ‘junked’ automobiles but sends the notice to the landlord of the property, not the resident. As a result, the person whose car is towed receives no notice or opportunity to remedy the situation,” the foundation said.
Kate Schulte, the foundation’s litigation director, said the alleged practice violates the constitutional right to due process. The nonprofit is noted for working on constitutional issues.
The suit was filed on behalf of Michael Herbert Allen of Troy against Shannon Brandon, a city engineering department employee, and Jim Richardson, who works for the police department.
The suit claimed a notice about Allen’s cars was sent to his landlord, who lives in Georgia, but not to Allen. The foundation claimed the city employees called for a tow truck to take away a car Feb. 12 after Allen proved the vehicle ran properly and had updated insurance. Allen was unaware of the city’s concern about his two vehicles until the employees showed up at his door, the suit claimed.
Schulte said city records obtained by the foundation indicate “the city did this on a number of occasions and failed to provide the person whose car was towed any advance notice or warning.”
She said they are continuing to review records obtained from the city, but so far in 2010 approximately 70 citations for junk vehicles have been issued. Schulte said she did not know how many of those involved lack of notice to the vehicle’s owner.
Patrick Titterington, Troy’s service and safety director, said the city was aware of the lawsuit. Grant Kerber, city law director, said Thursday he was reviewing the suit and declined to comment.
The suit asks the court to order reimbursement of costs incurred by vehicle owners and order the city to pay punitive damages to the owners. It also is seeking an order to prohibit the city from towing automobiles without meeting due process requirements.
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