Leave a Message at the Bleep

A frazzled homeowner shoots off his mouth to city officials--and gets charged with harassment.

"Then we're sitting there, and the mediator is having us write down our feelings with different colored pens on an easel and telling us to squeeze these little rubber balls if we get anxious or upset. It wasn't a mediation, it was game-playing. The whole thing was feel-good Seventies bullshit. I don't care about feeling good. I want my foundation repaired."

Moore, who says he's never fought anything like this in his life, says his phone calls to DURA were made out of frustration. "The whole thing stems from the fact that they may have taken my complaint but they never intended to do anything about it," he says. "The people at DURA think that they can hide behind their bureaucracy, but I'm not going to let that happen." Moore still contends that DURA owes him the cost of repairs to his foundation as well as an apology for ignoring his complaint. "It was over as far as they were concerned," he says. "Hell, it never even began for them."

Still unsatisfied after the mediation, Moore filed his own complaint with police, asking that authorities file criminal charges against Powers for "official oppression" as well as first- and second-degree official misconduct. "I also hold Don Eloe criminally liable for impersonating a structural engineer," says Moore. "Only at the mediation did I find out that he's not an engineer at all. If he didn't know what he was talking about, he shouldn't have opened his mouth in the first place."

Neither Powers nor Eloe returned calls from Westword, but Myrna Hipp says that as far as she's concerned, DURA did everything by the book. "We've had a small number of instances of homeowners dissatisfied with the quality of work," says Hipp, "and DURA works hard to remedy those situations. But I don't know what you can do if a person is this adamant about something that DURA allegedly missed on an inspection."

Police and prosecutors never took Moore up on his request that they file charges against Powers, deeming his complaint a civil matter, not a criminal one. But Moore says he'll continue to fight until DURA gives him what he wants. "Why is it that my house is less important than projects like the Adam's Mark or the Pavilions, which DURA has poured millions into?" he asks. "The backbone of this city is homeowners like me, and DURA treats us like dirt."

Hipp, however, says Moore was treated fairly. "The folks at DURA have enough experience to identify problems properly," she says. "It's not like they saw something and turned their backs on it. You're always dealing with the potential of human error, but I feel safe saying that nobody at DURA set out to screw the Moores."

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