Business owner sues city of Sisters, officials

Published 12:00 am Thursday, December 12, 2013

The owner of a jerky and mushroom stand in Sisters is suing the city and various officials for millions, alleging they’ve violated his civil rights, damaged his business and publicly defamed him.

Ky Karnecki, owner of Wild Mountain Jerky, filed the suit in U.S. District Court in Oregon on Dec. 6.

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The claim names 15 defendants in addition to the city of Sisters, including current and former city managers Andrew Gorayeb and Eileen Stein, current and former mayors Brad Boyd and Lon Kellstrom, and other members of the City Council, planning commission and planning staff.

Karnecki opened his stand in June 2011 at the southeast corner of U.S. Highway 20 and South Locust Street.

He was issued a temporary use permit by the city, allowing him to do business for up to 180 days in a facility that would otherwise not comply with city codes.

In the 29-page complaint filed last week, Karnecki contends the city and city officials have acted inconsistently by requiring him to remove his stand at the end of the 180-day term, while not requiring a produce stand on the other side of town to do the same.

Karnecki claims he was not informed of the need to remove his stand at the end of the season when the initial permit was issued. As a result, he did not construct the building to allow easy tear-down — when he removed it in early 2012, it cost $3,000 to move the stand, and the stand suffered $5,000 in damage in the process.

In early 2012, Karnecki petitioned the city to change the codes requiring him to remove the stand when the temporary use permit was not in effect, or a variance that would allow him to operate year-round without doing the improvements ordinarily required of a permanent business. Bringing the leased lot into compliance with all city codes would have cost upward of $100,000, Karnecki said at the time.

Earlier this year, Karnecki was again required to remove his building, and the city threatened both him and his landlord with penalties of $500 per day if they did not comply, the claim states.

Karnecki claims a buyer offered him $85,000 to sell his stand, an offer that was withdrawn due to the city’s action against him. He also alleges officials have damaged his reputation by circulating defamatory claims about him, including that he allegedly verbally and physically assaulted someone at the post office.

In total, Karnecki’s suit seeks more than $6 million in compensatory and punitive damages.

A phone number listed for Karnecki was disconnected. Karnecki’s attorney, Foster Glass, did not return a call seeking comment, and Sisters City Manager Gorayeb said he could not comment on the suit.

— Reporter: 541-383-0387, shammers@bendbulletin.com

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