A Scranton-based business owner has filed a lawsuit against the City of Scranton and Region XII Council of Governments for punitive damages and violating constitutional rights.

Cail Calder is the owner of Bee Mindful, located at 701 Stanton Street in Scranton. According to court documents, Calder is suing the City of Scranton, Mayor Cole Gusthoff and Region XII. Calder claims he received three notices from Region XII – who contracts with the City for municipal infractions – on September 7th, November 5th and December 18th about a nuisance on his property. Calder went to City Hall each time he received a notice and claims to have requested a hearing in writing. Court documents show city staff told Calder about a hearing that was scheduled during the January 14th city council meeting.

Calder notified city staff that he would be out of the state from December 20th-January 3rd. Court documents show when Calder returned, he found a significant amount of personal property was removed, which he estimated to be $200,000. Calder is claiming the removal of property was not constituted as a nuisance in a published municipal ordinance and it violated his 5th Amendment rights of taking private property without just compensation. He claims his 4th Amendment rights were violated for being deprived of due process and he wants punitive damages.

Court documents show Region XII and the City have denied the allegations against them. The City admits to Calder coming to City Hall, but claims he failed to submit a written request for hearing. No trial date has been set.