Hearing set on man’s suit against Horse Cave

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October 8, 2008

By GINA KINSLOW The Glasgow Daily Times Wed Oct 08, 2008, 10:49 AM CDT

HORSE CAVE — A Hart County businessman is hoping to receive a judgment of nearly $4,000 later this month when his suit against the city of Horse Cave and Mayor Odell Martin is heard in Hart County District Court.

Donald Dorociak, owner of the Antique Mall and Restaurant at 114 E. Main St. in Horse Cave, applied for a 50/50 Facade Grant through the Horse Cave Board of Architectural Review in April 2007, with plans to use the grant to make improvements to the front of the building.

Dorociak paid the required application fee of $50 to the board and on May 7, 2007, he alleges he was informed by the board that he met the required standards and was eligible for a 50/50 Facade Grant.

According to a lawsuit filed by Dorociak, he trusted that he would be reimbursed for half the costs expended for the project. Dorociak spent $3,574 in upgrades, which involved the installation of an aluminum canopy and a new sunbrella canvas cover and frame across the front of the building. According to his suit, after the work was complete, he learned that “due to previous payments to other applicants, (the board) only had $627.77 remaining in the Facade Grant Fund.”

The suit also alleges that Dorociak agreed to accept the $627.77, but was later informed by Horse Cave’s city clerk that Martin refused to sign the check.

“When confronted, the mayor of Horse Cave told the plaintiff that he refused to sign the check because he believed that the plaintiff had written letters to the editor of ‘The Hart County News-Herald,’ which the mayor felt were critical of him,” the lawsuit states.

When Dorociak did not receive the $627.77, he claimed that the defendants had “breached their contract” with him and “engaged in malfeasance of their official duties.” He is seeking reimbursement for his attorney’s fees related to the case to also be paid by the defendants.

The city’s attorney, Pat Ross, filed an answer to Dorociak’s lawsuit. In it, he said Dorociak fails to state a claim against Martin or the city upon which relief can be granted. Ross also denied all allegations made by Dorociak. Ross said in his answer to the lawsuit that “any improvements made by the plaintiff to his property is for his exclusive benefit and he has not been damaged by any actions of these defendants.”

The case is scheduled to be heard on Oct. 23. Dorociak is seeking a judgment for $3,999, with interest accruing at the rate of 12 percent per annum from the date of the judgment until it is paid in full, plus all costs expended by the plaintiff.

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Hearing set on man’s suit against Horse Cave

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