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City defends quick take law; Chesapeake site seized under contract
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BALTIMORE (Map, News) - Accused for the second time this year of misusing its turbo-charged condemnation technique to seize private property, Baltimore City defended the practice in Maryland’s highest court Thursday as a last-ditch remedy essential to urban renewal.
Attorney Alan Engel told judges it wasn’t a coincidence that Baltimore City used its “quick take” condemnation to seize the former Chesapeake Restaurant just two weeks before owner Robert Sapero settled on its $2 million sale.
“The city knew it was under contract,” Engel said. “Why was it immediately necessary right after they found out someone was going to buy it?”
Sapero’s is the second quick take case this year to reach the Maryland Court of Appeals, where property owners accused the city of stockpiling properties without firm plans for their use.
Last month, the court overturned the city’s seizure of George Valsamaki’s Magnet bar, one of about 20 properties the city is assembling for the Charles North redevelopment plan.
But city attorney Elva Tillman said the two cases are significantly different.
In the Sapero case, the city has a specific, mayor-approved plan in place that would benefit the public by providing improved housing and retail, she said.
Sapero’s property was the last needed to start the project, she said.
“Mr. Sapero was indeed the hold-out,” Tillman said. “This building is one of the most prominent in the area, it’s adjacent to the historic train station, and it has sat vacant for a very, very long time.”
Tillman said the city tried to negotiate the purchase of the property, then invited Sapero and his prospective buyer to participate in the now-completed bid process.
Central to the arguments is a 2005 Supreme Court decision authorizing private property seizures for economic development only if specific plans are in place. Engel said quick takes require even stricter standards.
At least one judge seemed to agree. Judge Alan Wilner suggested the city is inappropriately using quick take as a litigation tool. He expressed concern the city’s attorneys authorize quick takes without mayoral or council approval.
The court’s ruling is expected in about a month.
jmalarkey@baltimoreexaminer.com
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STUDENT said:
mr.oei has made the name of our school bad. now that he has done this everyone will now bout freedom high school but not in a good way. they will always know it as the school with the bad V.P.
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Rose Johnson said:
I read the complaints about Ross Ridge apartments,I moved in April 22 of this year.I am having the same problems,I have not seen any mice yet and I live on the bottom floor.My air conditioner was leaking and they left nasty brown stains on my wall which have not been fixed yet,2 months ago.My carpet is wet by the door where the air conditioner is.My bathroom has mold and water stains all over the ceiling above shower head,and stain marks streaking all the way down the tile.I was told there is a leak upstairs and that needed to fixed first before they could fix mine,but that was 2 1/2 weeks ago.Also there is mold around the ceiling along with the water spots.My refrigerator door was not shutting for a month,and was leaving cold air out ,running more than it should have,the light stayed on constantly,open the door and water flys out at you.Took door off and said to take out light bulb.Well frig is still dripping.dishwasher is not bolted to counter,it falls out.They do not fix anything.
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Examiner Reader said:
Does anyone have an update on the ongoing suit of Ross Ridge Apartments being sued by tenants? Does anyone here know of someone that currently lives there? Has Ross Ridge made any changes or renovations to their apartments? Thank you in advance for your response.
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Examiner Reader said:
Does anyone have any update on Ross Ridge Apartments being sued by tenants? Thank you.
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Examiner Reader said:
I currently live in Morgan Properties Towson Crossing Apartments. I have been complaining about the mice infestation for over 2 years now. I was told the infestation was because of the renovations. They even put in there newsletter ways to control the infestation by using peppermint oil. This was something I told them I was trying. The exterminator they sent even said there are alot of holes around the baseboard of the floors that needs repairs. With our cheap renovation which consisted of spray painting the bathroom tub and shower, we also got new carpet in the halls, new number signs outside the apt building but no concern, help or remedy to the infestation.
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Examiner Reader said:
whats the status of this case... I live in the apartments now and am having the same problems
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Examiner Reader said:
Towson Crossings Apartments Tenants (Morgan Properties) are experiencing the same horrific living conditions! This morning one of the tenants posted a message in reference to the tenants moving out and the rodents moving in. Ignored work requests, filthy surroundings, trash and filth;I have encountered mice, waterbugs, roaches, crickets, spiders, in less than a month in my newly renovated $880+ top floor, 2-bedroom apartment. I'm so tired of tip toeing through my apartment out of fear of seeing/stepping on something. Its nerve wrecking for someone who maintains cleanliness, work hard to have to find peace outside of "what's considered home". Terrified Unhappy Tenant of Towson Crossings
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