A civil suit filed by a Udall resident against the city of Udall and city zoning administrator Jerry Hansen has been moved from the state court system in Winfield to U.S. District Court in Wichita.
Bob Williams filed the suit last January alleging malicious prosecution and violation of his civil rights, according to court documents. The issue of whether Williams’ constitutional rights were violated places the issue in federal court instead of state court.
Judge J. Thomas Marten has been assigned to the case and has ordered the case to mediation. That means an impartial mediator will try to help the parties involved reach an agreement on the issues outside a courtroom.
Williams alleges that Hansen wrote him in July 2006 threatening to prosecute him for an alleged violation of a zoning ordinance that Williams claims was not in effect. Williams hired an attorney who appealed the issue claiming the land use in question predated the effective date of the zoning ordinance.
Hansen dismissed the complaint. Williams campaigned to get city officials to replace Hansen, who then issued a complaint that Williams claims was done with malice because of his efforts to get Hansen dismissed.
Williams’ attorney faxed Hansen to try and resolve the issue. Hansen issued a summons for Williams to appear in city court. Williams’ attorney was unsuccessful in getting the complaint dismissed. Williams appeared in court and the city announced the charges were being dismissed.
Williams wants $7,019.73 for his expenses in responding to the city’s complaints.
