The owner of the Scenic View Motel has taken legal action against the Bourne Board of Health.
On Monday, October 7, Dennis Waitekunas filed a lawsuit in Barnstable Superior Court, claiming that he has been inappropriately fined by the board.
The board of health shut down the Scenic View Motel in March, citing health and safety code violations on both the state and local levels.
On July 21, a man’s body was found dead in one of the room. The deceased turned out to be the brother-in-law of the motel’s manager. The man was staying in the motel while helping to clean out the shuttered business.
The board has fined Mr. Waitekunas to the tune of tens of thousands of dollars. The fines date back to the March closing, and have been accruing on a daily basis ever since. Those fines have been going up with each passing day.
The suit was filed in superior court by Mr. Waitekunas and his company, AJ Michael Realty, LLC, of Barnstable. It names as defendants each individual member of the board, chairman Kathleen M. Peterson, Stanley D. Andrews, Galon L. (Skip) Barlow, Jr., Donald C. Uitti, and Kelly J. Mastria. It also names the board of health as a separate defendant.
In his complaint, Mr. Waitekunas stated that the board of health has fined him in contradiction to its own regulations, which forbid operating a motel, hotel or guest cabin facility without a license granted by the board of health.
He stated he did not violate regulations because the Scenic View Motel was no longer in operation, and the dead man was not staying in one of the rooms as a paying guest.
The suit asks that the board’s ruling be vacated, all fines nullified, and his attorney’s fees paid.
The board has 20 days to respond to the filing.