THE VIRGINIAN-PILOT
Copyright (c) 1996, Landmark Communications, Inc.
DATE: Thursday, April 25, 1996 TAG: 9604250407
SECTION: LOCAL PAGE: B3 EDITION: FINAL
SOURCE: BY MARC DAVIS, STAFF WRITER
DATELINE: NORFOLK LENGTH: Medium: 77 lines
The city has quietly settled a lawsuit in which a reptile collector accused Norfolk of illegally searching his home for eight days in 1993 and seizing about 125 alligators, crocodiles and snakes.
Both sides said the settlement terms are confidential and cannot be divulged.
It is not known if the city will pay money to the man, Robert A. Parks, or reduce a $21,555 lien against him. The City Council slapped the lien on Parks to pay for the search and seizure.
Parks had sought $125,000 in damages from the city, plus cancellation of the lien. He also sought $200,000 in punitive damages, but a judge earlier dismissed that part of the lawsuit.
A trial was scheduled to start Wednesday in federal court. The case was settled Tuesday.
City Attorney Philip Trapani and Parks' attorney, Henry E. Howell III, both said the settlement was on ``mutually agreeable terms,'' but would not answer questions.
In his lawsuit, Parks accused the city of wrecking his house at 2618 Withers Ave. and illegally forcing him to stay away throughout the eight-day search.
Parks claimed that his unusual collection did not pose a risk to the public. The city said it did and that this justified the massive, expensive search.
The search began on Sept. 17, 1993, when police responded to an anonymous complaint of odor coming from Parks' property. When they arrived, police found a small menagerie of snakes, alligators, crocodiles, turtles, iguanas, mice, rats and one dog.
The city claimed that at least 50 of the snakes were poisonous and that there was no anti-venom in the area to treat potential bites.
A reptile expert from Old Dominion University, Alan J. Savitsky, found that there was ``a substantial possibility'' that some venomous snakes could escape because their cages were insecure. He said many snakes were living in unsanitary conditions and the large outdoor crocodiles could not be adequately secured.
The city's zoo superintendent found that pens for alligators and other animals were ``worse than any type of animal housing I have ever seen.'' He also found that the ``poor security'' of the alligators and venomous snakes ``posed a considerable threat to the children and other residents of the area.''
Police sealed the property for eight days. Parks, a 63-year-old retiree, could return only under police escort to get clothing and medicine.
The city removed all the snakes, alligators and crocodiles, then fumigated the house to make sure hidden snakes were dead.
Parks said that when he returned he found the house a shambles - dresser and desk emptied, refrigerator shelves ripped out, lamps knocked over, a television battered and the rooftop antenna torn down. He said his wooden yard fence was hacked to pieces.
Later, Parks pleaded guilty to one misdemeanor count of failing to maintain proper ownership of the animals. The city returned the animals and Parks agreed to take them to Florida.
Earlier this month, a federal judge rejected the city's last effort to avoid trial. The judge ruled that there were legitimate factual disputes.
With this settlement, Parks will withdraw his federal lawsuit and a separate but similar lawsuit pending in Norfolk Circuit Court. ILLUSTRATION: ASSOCIATED PRESS file photo
In 1993, Norfolk officials removed a gator from Robert Parks' home.
Dr. Alan J. Savitsky, right, said the reptiles' cages were
insecure.
Photo
Robert A. Parks
by CNB