Liberty Square's fate to be decided Aug. 19; attorney calls township evidence 'absurd' and 'irrelevant'
Editor's note: The name has been corrected in a reference to the assistant Ypsilanti Township assessor in the following article.
A Washtenaw County Circuit Court judge's ruling on the fate of the troubled Liberty Square townhouse complex is expected later this week, following his recent personal visit to the Ypsilanti Township site and an evidentiary hearing.
Judge Donald Shelton has asked attorneys to submit a closing argument and proposed orders next week, and will issue a ruling Friday.
A previous evidentiary hearing was adjourned so Shelton could see the complex for himself. When the two sides reconvened on July 29, he offered no thoughts on what he found during the visit.
According to township attorney Dennis McLain, assistant township assessor Brian McCleery testified that out of the complex’s 151 units, 95 have been foreclosed, of which 63 are now owned by the township because they didn’t sell in previous auctions. The remaining 32 properties are in the auction process, and another 27 are in danger of foreclosure.
Several other witnesses were called at the hearing, including Joe Koenig, president of the Liberty Square homeowners association, township engineer Thomas Fitzpatrick, Washtenaw County Sheriff’s Lt. Jim Anuszkiewicz, township building inspector Ron Fulton and several other homeowners.
Don Darnell, an attorney representing a group of residents who own 55 of the properties, questioned the relevance of several witnesses testimony.
“It was an interesting proceeding to say the least,” he said. “The township put out what I can only call interesting evidence in that nearly every witness was absolutely irrelevant to the proceeding.”
McCleery was called to the stand to discuss the properties’ assessed value, but Darnell said his testimony “just has no bearing on the proceeding” because the properties’ value doesn’t determine whether or not it’s a public nuisance.
Darnell also questioned Lt. Anuszkiewicz’s testimony. He said Anuszkiewicz testified that there were 700 calls to the park annually a decade ago, and that figure is down to 200 over the last three years.
“I thought when they called this guy he would have something to bring to the table,” Darnell said. “What he actually did was tell us that 10 years ago (crime issues in Liberty Square) were actually about 700 times worse than today.”
He also questioned why neither Anuszkiewicz or McCleery compared their statistics to a similar community.
McLain disagreed with Darnell's assessment. Darnell has filed a countersuit
"Apparently we weren’t attending the same hearing," he said. "The testimony speaks for itself. I don’t share Darnell's views or opinions ... and the case is still out there waiting for a decision. We’ll see what Judge Shelton determines on August 19 when he delivers his opinion."
In a verified petition, township officials cited numerous code issues with the buildings’ exteriors. They argued that entire buildings are irreparable and dangerous and said that fixing up a few individual properties won't bring the buildings up to code.
Vacant townhomes that officials previously boarded up are broken into regularly, costing more money to re-secure, the petition says. The township also argues that much of the complex's masonry, siding, windows, soffits, trim, exterior stairways, decks, porches, balconies, sidewalks and roofs are in disrepair and that the vacant properties “constitute an invitation to criminals, squatters and pose an attractive nuisance to children.”
Each building in the complex off South Grove Road has 10 to 12 units, and the township posted notice of violations citing entire buildings.
Fulton spoke to the condition of the properties, and Darnell called the testimony “absolutely absurd.”
Darnell said Fulton alleged the presence of dangerous mold, despite not checking all the properties or being an expert on mold.
"He said you could be walking down the street and this mold could come out and kick your (butt), yet he offered no support for that theory," Darnell said.
Darnell also contended the building code violations don’t constitute a public nuisance and that was demonstrated in a previous case the township lost against now-jailed landlord David Kircher.
“It seems the township is taking a heavy hand with its property owners,” Darnell said. “I get the general feeling that they're not following the law and it's going to cost the taxpayers at some point.”
Darnell has filed a countersuit against Fulton and the township alleging, among other things, unlawful taking of property. If Shelton declares the complex a public nuisance, then Darnell can't proceed with the countersuit. McLain that is why Darnell is so vigorously attempting to discredit the township's testimony.
Comments
Ex Ypsi Now Bama
Thu, Aug 18, 2011 : 9:01 p.m.
I drove a taxi in Ypsi-AA from 1990-1995. Liberty Square was a drug infested place then, hopefully it isn't as bad now. We hated picking up fares there and at night wouldn't even go there.
omniskeptic
Thu, Aug 18, 2011 : 1:13 p.m.
I'm sorry, but this is the kind of thing that jumps out at me from news stories: "Darnell also questioned Lt. Anuszkiewicz's testimony. He said Anuszkiewicz testified that there were 700 calls to the park annually a decade ago, and that figure is down to 200 over the last three years. "I thought when they called this guy he would have something to bring to the table," Darnell said. "What he actually did was tell us that 10 years ago (crime issues in Liberty Square) were actually about 700 times worse than today." Regardless of whether he means the rate is now 200 calls a year or 200 calls over 3 years, 700 is not 700 times worse than either of those values. That would actually be somewhere between 140,000 and 46,666 calls a year. If that were the case, I imagine the place would have been shut down (or self-destructed) some time ago.
treetowncartel
Thu, Aug 18, 2011 : 2:34 a.m.
why not put the remaining residents in to a few of the buioldings, rehab them, and tear the others down.
jns131
Wed, Aug 17, 2011 : 8:38 p.m.
Tear the thing down and turn it into a park. A nice park the children can play in that is across the street from the school. Someone really cannot see the forest for the trees. The place is an eyesore.
Ace Ventura
Wed, Aug 17, 2011 : 4:59 p.m.
" township Treasurer Catherine McClary" McClary is the Washtenaw County Treasurer.
Tom Perkins
Wed, Aug 17, 2011 : 8:15 p.m.
Thanks for pointing that out. A correction has been made.
Tru2Blu76
Wed, Aug 17, 2011 : 3:59 p.m.
Why doesn't Ypsi Twp. haul out the re-designed Bat Signal and project the Dollar Sign on the clouds? That would bring Governor Rick to the scene via his Rickmobile (actually it's a Money Green Mercedes Benz SLR McLaren). Gov. Rick knows what to say about this: government inefficiency and high taxes are the problem! Only the Private Free Market can solve this problem! Oh wait, this property is privately owned and those remaining residents are all private individuals. Hmm. I guess the only answer is for the Michigan Republican legislators and Gov. Rick to chip in some of the millions they're getting from newly unburdened businesses [which got them into office] to buy this "real estate bargain" at the next auction.
no flamers!
Wed, Aug 17, 2011 : 2:37 p.m.
Thank you, Township officials, for continuing your efforts. As someone that has driven by this blighted location twice a day for 18 years, I really hope to see the bulldozers arrive soon. Liberty Square is an eyesore that causes the entire community to suffer. Good luck, and keep at it!
John A2
Wed, Aug 17, 2011 : 2:27 p.m.
I saw the place first hand and it is in shambles. Who is going to pay the home owners a fair market price for their property if it is shutdown?
EyeHeartA2
Thu, Aug 18, 2011 : 1:54 a.m.
Seeing as how they didn't sell at auction, I wouldn't expect "fair market price" to be much more than the bag of returnables I have in my garage.
Bogie
Wed, Aug 17, 2011 : 12:37 p.m.
I applaud the township for their persistance in this matter. You all have my vote. Shut down the stores, that sell alcohol to minors (which also has many people loitering in front of the store), and demolish all the dilapitated buildings. To many, South Grove is a beautiful lake front residence, so thank you again.
Not a valid excuse for a newspaper
Wed, Aug 17, 2011 : 12:33 p.m.
These are not apartments but rather individually owned townhomes. The majority of the units have been unoccupied, many residents foreclosed on, and have fallen into disrepair since. The remaining residents have made some improvements on the abandoned units, but the ratio of unoccupied/occupied units is quite large and the financial and maintenance burden of the other units is more than the current residents can handle. I hope the current individual owners are well financially compensated for their herculean efforts.
no flamers!
Wed, Aug 17, 2011 : 2:35 p.m.
I disagree that the current individual owners should be "well financially compensated for their herculean efforts." First, their herculean efforts to stop the bulldozers could and should have first been applied to making their community something other than the blight it became. Second, as someone that has driven by this blighted location twice a day for 18 years, I can say I've never seen any reasonable effort to make this community viable. Finally, they should receive the compensation for their units as per fair market value, which includes the liens, unpaid utility bills, etc--in other words, nothing.
jondhall
Wed, Aug 17, 2011 : 12:25 p.m.
So who out there believes either attorney is working pro bono ? For those that are not familiar with the term that is for FREE . This is not the Sammy B show this is your tax dollars .
belboz
Wed, Aug 17, 2011 : 12:13 p.m.
I wish the city of Ann Arbor would take notice that you don't have to be bullied into supporting Brownfield Credits to developers who threaten to leave the buildings as they are and generate a public nuisance. You can work to tear them down.
Wolf's Bane
Wed, Aug 17, 2011 : 12:01 p.m.
They had a difficult time shutting down and evicting the last remaining tenants from Chicago's infamous Cabrini Green complex as well. The only difference of course, nothing is planned (or slated) to replace Liberty Squares, so somebody will have to eat the cost of evicting tenants and tearing down the complex. My recommendation, evict the tenants, board it up and leave it be like the Douglass project in Detroit.
Wolf's Bane
Thu, Aug 18, 2011 : 12:21 p.m.
Good points YpsiLivin, but a developer lurking? What on earth would they put out there and where is the market?
YpsiLivin
Wed, Aug 17, 2011 : 7:12 p.m.
"The only difference of course..." Cabrini Green was a public housing project; Liberty Square is privately owned. The people who lived in Cabrini Green were tenants with no property rights; the people who live in Liberty Square are owners with property rights that cannot be ignored, wished away or taken away by the force of law. The township can no more take these homes away from their owners than the City of Ann Arbor can take yours away from you. It's true that some people who live in Liberty Square rent their units, but they rent them from the people who own the units. Merely "evicting the tenants" does not extinguish anyone's property rights, and the township cannot simply "tear down the complex." If the township wants the complex torn down, the township should exercise eminent domain as a public safety issue, acquire all of the remaining units equitably and legally, and then pay to have the units razed. But besides all of this, you're right. This is Cabrini-Green all over again. The township officials would be well-advised to stop wasting taxpayer dollars on dragging this through court. It's more expedient and economical to buy the remaining units than it is to engage in a years-long court battle over this. Why do I get the feeling that there's a developer lurking in the shadows?
stevek
Wed, Aug 17, 2011 : 10:54 a.m.
It is too bad that this complex has fallen into disrepair and the owner should have made the necessary repairs to this place. BUT- if the people living there would have shown a little respect for "their" place of residence instead of trashing it and expecting that it is always somebody elses responsibility to make the place respectable and clean, then maybe this complex wouldn't be in such bad shape.