Editor’s note: This story was updated on Nov. 27, 2023, at 2:01 p.m. with the latest updates in the court case.
Here’s a look at major developments in the situation surrounding the Red Carpet Inn and Fanta Suites in Greenwood:
June 24, 2021 — Officials from the Johnson County Health Department and the Greenwood Fire Department inspect the Red Carpet Inn. They found a total of 188 violations, while only 32 rooms were listed as “satisfactory” throughout the entire hotel. The following November, city officials issued a building permit allowing for repairs.
Sept. 14, 2022 — Amid increasing police calls and news that the hotel’s manager died of an accidental overdose on the property the preceding August, officials inspect the hotel again. They found many issues, including sewage backups, mold and alleged evidence of drug use.
Sept. 30, 2022 — The city of Greenwood served notice of their intent to forcibly close the hotel following the Sept. 14, 2022, inspection by revoking the hotel’s certificate of occupancy. Officials also ordered the property to be vacated in 10 days.
Oct. 3, 2022 — The hotel’s owner formally files an appeal of the city’s decision to effectively close the hotel. A hearing on the order is set for Oct. 10, 2022, though it is later moved to Oct. 24, 2022.
Oct. 24, 2022 — The Greenwood Advisory Plan Commission ruled that the hotel’s occupants had less than 48 hours to vacate the premises. The hotel would no longer be allowed to have guests and employees and the owner could not use the hotel for lodging. An agreement for a continuance on the hearing until Nov. 14, 2022 is reached.
Nov. 14, 2022 — The plan commission affirms the vacation order, with the exception of those working on repairs. Hotel owner Ahmad Mubarak is told he has 10 days to comply with orders to make needed improvements to the building. The city also filed a civil injunction to force the vacation of the hotel.
Nov. 18, 2022 — Mubarak disputes several of the allegations made in the city’s civil injunction in his own court filing. The filing also had attached statements signed by eight current employees of the hotel saying all delinquent activity and illegal drug use at the hotel had been terminated.
Nov. 28, 2022 — Employees are found to continue to reside in the hotel while it continues to be a health hazard, officials found during an inspection. While it appeared staff were actively working to correct some violations, many other violations were still there, an official said.
City officials also planned to go to court on Dec. 6, 2022, for an injunction to force the hotel’s compliance with both the vacation and repair orders. The hearing was later delayed until Dec. 20, 2022.
Dec. 4, 2022 — In an interview with the Daily Journal, Mubarak said the situation showed “someone” was interested in bankrupting the hotel. His hotel had lost revenue over the previous two months because he was unable to have guests.
Dec. 20, 2022 — During a four-hour preliminary injunction hearing, the city’s attorneys alleged that people continued to live at the hotel. Officials detailed building, fire and health code violations that they said made them believe the hotel was unsafe.
They also discussed a stop-work order issued after Mubarak allegedly refused to have an inspection take place. Mubarak told officials to contact his attorney instead, which was later confirmed.
Mubarak said there were “no major issues” at the hotel, saying his employees had done a lot to remedy the issues. Hotel employees also advocated against closing the hotel, and expressed concerns about security.
Dec. 28, 2022 — Judge Clark rules that employees who live at the hotel will have to vacate the property. She also rules that the hotel’s owners allow city inspectors access to inspect the entire property, including both inside and outside the hotel’s three buildings.
Jan. 5, 2023 — In the first inspection since Clark’s ruling, officials from the city’s building and fire departments, along with the county health department, documented a major water leak in one of the hotel’s buildings and disrepair, but also the hotel’s efforts to correct issues.
The hotel had also filed a counterclaim against the city, denying many of the officials’ claims and accusing them of deliberately acting to damage the hotel.
The city also rescinds a stop work order issued to hotel after they were allowed to inspect the premises.
Jan. 19, 2023 — City officials deny most of the allegations made in the hotel’s counterclaim.
March 27, 2023 —The city makes a motion for a summary judgment on the hotel’s counterclaim, asking a judge to rule against the hotel.
April 10, 2023 — The plan commission affirms a demolition order for the hotel. The order, which had been issued in March, said that the property was unsafe.
April 20, 2023 — Attorneys for the hotel file a petition for judicial review of the city’s demolition order in Johnson County Superior Court 1, also asking for a stay of the order.
April 22, 2023 — Johnson County Superior Court 1 Judge Kevin Barton grants the hotel’s request for judicial review and the stay, preventing the city from demolishing the hotel.
May 30, 2023 — Clark grants a request from the city to consolidate the two civil cases. The consolidated case remains in Superior Court 4.
June 7, 2023 —The city files motions to dismiss the petition for judicial review, the stay and the plan commission as a party to the civil case. The hotel responds a few days later.
Aug. 4, 2023 — Following several unopposed motions for extra time for the hotel to respond to the city’s request for an immediate judgment, the city asks for hearing to discuss most of the outstanding motions in the cases. A hearing is set for Sept. 19.
Aug. 15, 2023 — Clark grants an unopposed motion for a continuance of the hearing, along with a motion for extra time for the hotel to respond to the city’s request for an immediate judgment. The hotel’s attorneys wrote in their request for more time that it’s possible a signed purchase agreement between Mubarak and Great Lakes Properties LLC could potentially “resolve, change, and/or narrow all of the parties’ claims in the pending litigation.”
A telephonic attorney conference is scheduled for Sept. 12.
Sept. 12, 2023 — Following the telephonic attorney conference, Judge Clark sets a in-person hearing for Nov. 15.
Oct. 6, 2023 — The attorneys representing the Red Carpet Inn withdraw as Mubarak’s legal counsel. They also request an extension of time of Mubarak’s behalf to respond to the city’s request for an immediate judgment. City attorneys object to the time extension on Oct. 9.
Oct. 13, 2023 — Judge Clark denies the hotel’s request for a time time extension for their response the city’s request for an immediate judgment.
Nov. 15, 2023 — A hearing on the case is held. Testimony is given as to the hotel’s condition and the status of the case.
Nov. 21, 2023 — Judge Clark removes the stay preventing the demolition of the hotel, allowing it to go forward. She also dismisses the hotel’s request for judicial review, grants a request from city attorneys for an immediate judgment to be issued in their favor and removes the city’s plan commission as a party to the matter.
Nov. 27, 2023 — Greenwood Mayor Mark Myers says the city is happy that Clark made a quick decision. Mubarak has 30 days from the date of the hearing to appeal Clark’s decision to an appellate court. If an appeal is not filed, he will have five days to start the demolition. After those five days, the city will start it at his expense, Myers said.
