BLOOMINGTON - Attorney General Lisa Madigan is suing a downtown building owner for improperly removing asbestos found in floor tiles from the Front 'N Center Building in 2006.

Building owner Merle Huff of Peoria and Ben Slotky of Bloomington are named in the three-count lawsuit filed in McLean County Circuit Court. The lawsuit alleges Huff and Slotky failed to use a licensed asbestos contractor and that Huff and Slotky failed to follow the necessary removal process.

Slotky, developer and owner of the former Castle Theater, 209 E. Washington St., proposed a portion of Huff's building at 102 N. Center St. be turned into a restaurant. In March 2006, Slotky was clearing out the space when the Illinois Department of Public Health received a complaint that flooring was being removed and thrown into unsealed plastic garbage bags, according to the lawsuit.

"Because there is no known safe exposure level to asbestos, this careless and improper handling of a known carcinogen created a very serious danger to public health," Madigan said in statement issued Monday about the case.

The state health department stopped the work and told Huff to hire a licensed contractor to properly remove the asbestos.

"We didn't get involved until six months later, after the state health department received the complaint, did the inspection and dealt with Huff on trying to get the abatement done," said Assistant Attorney General Raymond Callery.

The attorney general's office is notified when the health department orders work stopped for improperly removed asbestos, Callery added.

Huff would not comment. Slotky could not be reached for comment.

A hearing on the case is set for June.

Callery said the attorney general's office is seeking fines and penalties but did not specify an amount. He said that would be set by a judge.

Earlier this year, the IDPH returned to the Front 'N Center building after receiving a call that people were removing building materials. Inspectors found that asbestos-containing materials from the 2006 inspection had been disturbed, said department spokeswoman Melanie Arnold said. Work again was ordered stopped on Jan. 29.

Arnold said the health department had referred the case to the attorney general's office before the second inspection occurred. More information about the second inspection will be referred to the attorney general's office, Arnold said.