A Perrysburg couple claims in a federal lawsuit that the city's enforcement of its building code has discriminated against their religion and ethnic status.

The lawsuit, filed in U.S. District Court in Toledo, was filed by Dr. Fadhil A. Hussein and his wife, Raya K. Ahmed, who are Muslims originally from Iraq.

They are seeking seek compensatory and punitive damages of more than $100,000 for issues they cited in regard to the construction of their new home on West River Road.

The couple claims the project that has turned into an expensive struggle.

According to the complaint, the couple bought two lots in the Ironwood subdivision at 28291 West River Rd. in 2002.

About two years later, they contracted with developer Hafner and Shugarman Enterprises, Inc., for a $1.45 million new home.

Construction was to be completed in October, 2005.

However, the developer breached the construction agreement, and never completed the work, the court filing alleges, and Dr. Hussein and Ms. Ahmed have incurred additional costs of $450,000. They have sued the developer for fraud, breach of contract, and other claims in Wood County Common Pleas Court.

A separate federal lawsuit against the city claims that Perrysburg officials, unlike the couple, knew the developer had begun construction without the required permits.

Part of the building site is located on a floodplain. The same floodplain contained undeveloped lots owned by Hafner and Shugarman, which, without the proper authorization, altered the course of a ditch or creek and caused flooding on properties outside the subdivision.

The filing alleges the city knew of the unauthorized work in the flood plain and allowed it to continue.

It was only after Dr. Hussein and Ms. Ahmed took possession of their property and the outside property owners complained of flooding that Perrysburg shut down the work and threatened enforcement action against the developer.

The couple did receive an occupancy permit from the city. When a contractor laid a temporary, thin layer of asphalt on the work site to provide safe ingress and egress to West River, the lawsuit states, a Perrysburg police officer arrived and ordered it removed.

The officer was responding to a complaint to the city that the stop-work order was being violated.

Dr. Hussein, according to the lawsuit, wanted city officials to explain why the developer was allowed to work for more than a year in violation of city ordinances, and why the city responded in a matter of minutes to a complaint against him and his wife.

The court filing alleges that Perrysburg Administrator John Alexander "was rude, indifferent, and communicated to [Dr. Hussein] that he did not care about [Dr. Hussein's] troubles." It also alleges that a city building inspector, Roud Klag, was overheard saying he could not wait to hear Dr. Hussein "flapping his jaw."

The lawsuit states that Dr. Hussein, out of frustration when he was unable to reach Mr. Alexander one day, left the Perrysburg administrator "a voice mail message stating that John Alexander was lying about the discussion and that he was a racist."

Perrysburg Law Director Peter Gwyn said the lawsuit would be handled by the city's insurance carrier.

"We believe the allegations are without merit," Mr. Gwyn said. "And certainly, the allegations of racism are without merit."

Cary Rodman Cooper, attorney for Dr. Hussein and Ms. Ahmed, said he filed the lawsuit in U.S. District Court because it is a civil rights action.

He said his client, a cardiologist, "is of the view that Perrysburg only enforced its code after he took possession of the house."

First Published July 11, 2007, 5:26 p.m.