BILLINGS - Billings-based Anderson Towing is suing the city and Police Chief Rich St. John for removing the company from its tow rotation, alleging its constitutional rights were violated.

The court filing statesAnderson Towing received no notice or hearing from the Billings Police Department before this permanent suspension in violation of the due process clause of the 14th Amendment.

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“Being on a towing list when you're a tow company is a property right that should not be taken away from the company without due process of law,” said Matthew Monforton, Anderson's attorney.

Monforton called the action "a death penalty" for a towing company.

Monforton says the suspension came about after a crash in downtown Billings.

“This was a clear violation of Anderson Towing's right to be heard,” said Monforton.

Retired Yellowstone County District Court Judge Russell Fagg received a bill of more than $1,700 to pick up his dad's car.

Fagg said he was overcharged, so he filed a complaint with the Office of Consumer Protection and later asked the city to take Anderson out of the rotation.

In a letter to the city attorney's office, Russ Fagg said his goal is “to have Anderson Towing taken out of the rotation for towing companies called by the BPD, so Billings citizens are no longer subject to their price gouging and mistreatment.”

“The permanent removal was based on Judge Fagg's allegation from a tow that occurred a month ago,” Monforton said.

In court documents, St. John's stated in a letter to Anderson Towing, “The city of Billings received informal complaints from citizens regarding excessive invoices received from Anderson Towing following local rotation calls. Anderson Towing is removed from the Billings local rotation. This decision is permanent and will not be reconsidered.”

“We have never seen what those informal complaints are,” Monforton said.

A spokesperson says police followed the same procedures as the state for tow truck complaints.

“When Anderson Towing gets to have their day in court, we're going to have the evidence to disprove these allegations,” Monforton said.

As reported earlier this month, Anderson Towing is also in a six-month suspension from the Montana Highway Patrol rotation for overcharging a Bozeman company.

That suspension ends April 30.