EMMITSBURG,
Md. – David and Donna Runkle (Custom Image Printing)
have filed a collective $2.7 million lawsuit against former
commissioner Arthur Elder, Chronicle Press Inc. co-owner Lisa
Elder, property owner Jim Hess and Commissioner William B.
O’Neil Jr.
The
Runkles’ attorney notified them on Sept. 5 that a
lawsuit had been filed in state district court. See related
story, “Lawsuit likely to follow dismissal of
bankruptcy complaint” in the Nov. 17, 2005, issue
of The Dispatch.
In
summary, the six counts listed in the 15-page complaint
range from abuse of governmental authority to contractual
issues relating to the Runkles’ acquisition of Chronicle
Press from its previous owner Arthur Elder. Specific allegations
vary according to the defendants.
Chronicle
Press, under Runkle ownership, filed for bankruptcy in 2003.
David Runkle claimed that the enterprise failed due largely
to complications created by Arthur Elder. The Runkles say
that after they sold the building to Hess, he breached their
contract of sale.
Regarding
Lisa Elder’s involvement, she and Christopher Price
ultimately acquired Chronicle Press from Arthur Elder. The
Runkles allege that Lisa Elder provided false information
to Hess, leading to his alleged breach of contract with
Runkle, and further, that she interfered with Custom Image
Printing operations.
The
Runkles allege O’Neil abused his authority as a commissioner
and attempted to influence town staff into investigating
Runkle’s operations.
David
Runkle was also one of the complainants who triggered the
2005 ethics investigation that concluded with O’Neil
and Elder being found by the ethics commissions to have
violated the town ethics code.
The
complaints:
Tortious
interference with contractual relations: Donna
Runkle against Art Elder and Lisa Elder, $200,000 in compensatory
damages and $300,000 in punitive damages, with interest
and costs.
Tortious
interference with prospective advantage: against
Lisa Elder, $200,000 in compensatory damages and $300,000
in punitive damages, with interest and costs.
Tortious
interference with prospective advantage: Donna
Runkle against William B. O’Neil Jr., Arthur Elder,
jointly and severally, $200,000 in compensatory damages,
and $300,000 in punitive damages with interest and costs.
Malicious
use of process: David Runkle against William B.
O’Neil Jr., Arthur Elder and Lisa Elder, jointly and
severally, $200,000 in compensatory damages and $300,000
in punitive damages with interest and costs.
Civil
conspiracy: David and Donna Runkle against William
B. O’Neil Jr., Arthur Elder and Lisa Elder, jointly
and severally, $200,000 in compensatory damages and $300,000
in punitive damages with interest and costs.
Breach
of contract: Donna Runkle against James Hess: $200,000
in compensatory damages, with interest and costs.
