Attorney Anne Labes, second from right, speaks during a hearing before Wood County Circuit Court Judge Robert Waters on Thursday as, from left, attorney Alison Subacz, Parkersburg City Attorney Blaine Myers and Ari Gold, also known as David Labes, listen. (Photo by Evan Bevins)

PARKERSBURG — A Wood County judge will review a warrant issued by Parkersburg Municipal Court as part of an ongoing legal dispute over the city’s efforts to inspect a downtown building.

The city filed suit against Emanuel’s LLC and Greenmont Capital Associates LLC on March 3 after an attempt to inspect the 814-816 Market St., of which both entities are listed as owners, was refused on Feb. 26. Counsel for the defendants also said an inspection planned for March 1 would not be permitted.

Based on “observations from the exterior of the building,” city officials believe the defendants have “unlawfully engaged” in construction work without a municipal building permit, the complaint says. The suit sought an injunction requiring the defendants to permit an inspection of the building, obtain all required permits and stop any construction until they complied.

Two days after the suit was filed in Wood County Circuit Court, attorney Anne Labes filed a suit against the city, Mayor Tom Joyce, Code Director Bob McClung, Fire Chief Jason Matthews, code inspector Richard Goff, Police Detective S.A. Semones and three unnamed police officers, identified in the suit as John Does 1-3. It alleges those city officials committed “an unreasonable search” on Feb. 26.

The plaintiff is Ari Gold, who is identified as the chief executive officer of Emanuel’s LLC and is apparently also known as David Labes, the attorney’s husband, who is listed as Emanuel’s CEO in a lawsuit filed in May against the City of Marietta.

Parkersburg City Attorney Blaine Myers, left, speaks during a hearing before Wood County Circuit Court Judge Robert Waters on Thursday at the county judicial annex. (Photo by Evan Bevins)

In the Wood County case, Judge Robert Waters denied the injunction at a March 31 hearing. Since then, the city obtained an administrative search warrant from Municipal Judge Debra Steed, but Anne Labes has challenged the validity of that warrant, saying it lacks probable cause.

“They have to have a reason,” Labes said during a hearing before Waters on Thursday. “They can’t just say they want in because they want in.”

City Attorney Blaine Myers asked the court to determine whether the city has a right to inspect the premises. Labes said they do, but that right is qualified by the West Virginia and United States constitutions.

Waters denied the city’s motion to reconsider his decision on the injunction and slated a hearing to review the warrant for Sept. 20.

“You really haven’t presented proof that he’s doing construction work,” the judge said.

Myers asked what Waters would have the city do since they have been denied access to the building. Waters said they could ask a tenant in the building for access, then said he was not going to tell the city how to proceed.

“Usually, when you have construction (on) a site, it’s pretty obvious and easy to prove, I would think,” Waters said.

Labes said they were willing to have an impartial third party inspect the building but that offer had not been accepted. She also claimed the building has not been inspected, under previous owners, since 1997.

Myers said records did not indicate an inspection had taken place since then but that should not stop the city from inspecting the building now.

In the federal suit, Chief Judge Thomas E. Johnston granted a motion to dismiss the claim against the city itself, but denied the dismissal against the individual defendants.

Evan Bevins can be reached at ebevins@newsandsentinel.com.