Court date set in lawsuit filed by city of Ypsilanti against Thompson Block developer Stewart Beal
The city and Stewart Beal have been embroiled in a dispute for months over the shoring holding up the Thompson Block.
Tom Perkins | For AnnArbor.com
The City of Ypsilanti and developer Stewart Beal will meet in court on April 28 to decide the fate of the Thompson Block building.
Washtenaw County Circuit Court Judge David Swartz signed an order for Beal to appear and explain why the structure isn’t a nuisance and why Swartz shouldn’t order it to be razed.
The city filed a complaint April 7 against Beal that contains several counts. The move followed the City Council’s vote not to approve a deal at its April 6 meeting developed between Beal and City Manager Ed Koryzno. The deal would have allowed shoring to remain in the city right-of-way.
Without permission to be in the right-of-way, the shoring and property are considered a nuisance or hazard on several counts, assistant city attorney Karl Barr said. Beal’s Historic Properties 1 LLC owns the structure.
The shoring and beams have been in place since shortly after the historic building, under renovation at the time, was gutted by fire last September. Beal has repeatedly argued the supports can't be removed as quickly as the city would like because the work takes time.
Barr contends the beams propping up the building’s exterior, which extend into the northbound lane of River Street and westbound lane of Cross Street, violate the Michigan Motor Vehicle Code. Barr said the MVC is state law that municipalities can adopt as a local ordinance.
Barr said two subsets of the MVC prevent people from blocking or obstructing public roadways without permission, and those violations alone are enough to allow the city to remove the beams without a court order.
“You can’t just put stuff up in the roadway,” Barr said. “Granted, Beal had permission at the time, but he doesn’t any longer and the motor vehicle code wants the street clear.”
Barr said Beal is also in violation of the Michigan Fire Prevention Code. He said any building damaged by fire or one that is decaying is considered a hazard. Ypsilanti Fire Chief Jon Ichesco has advised Beal to abate the hazard, but Beal has failed to do so, Barr said.
Because the building is “taking more than its fair share of city resources than is justified,” the city is also alleging it is considered a common law nuisance.
Barr said the fact that the order to show cause was delivered so quickly after the filing date of the lawsuit “demonstrates this is of a higher level than a normal case.”
Barr declined to comment on what outcome he expected, but said the the city has two strong counts working in its favor.
Beal reiterated his disappointment in the city rejecting what he said was a good deal he and Koryzno had worked out.
“Since the city has decided to go this route, we’ll have to see how it plays out in court,” he said. “I’m disappointed they chose to delay the process because if we were allowed to do the work, the first parts would be done already.”
Beal added no further work will be done until the case’s conclusion.
“When you go into the court process, you immediately stop all progress until you go through court,” he said.
Tom Perkins is a freelance writer for AnnArbor.com. Reach the news desk at news@annarbor.com or 734-623-2530.
Comments
nxil2009
Wed, Apr 21, 2010 : 8:47 a.m.
Have you ever tried to deal with the city dealing with construction issues on commercial buildings? I'm sure it is easier than dealing with Ann Arbor and their 14 committees for paint colors, and foliage design, and impact on homeless cats...but Ypsi also has a Hist"erical" committee. Good luck getting anything done. Beal worked out an agreement and the city decided it was better to make the area a vacant lot for a noxious weed garden (see Water St). I would like to see something happen soon but given the economy since the fire happened, I don't think it is unreasonable for the delays. It is a terrible eye sore, but think of all the eye sores in Ypsi. Why is this one so damn important? Drive down Railroad St some time? What about all of south side of E. Michigan Ave east of Huron to Park? What about the 40 years the Kresge Building stood vacant and in disrepair? What about the old feed mill on Forest, or the dilapidated plant just to the east of that? What about all the foreclosed, boarded up, condemned homes and other buildings around the city? Clearly Beal is a big target with deep(ish) pockets (tho probably rather empty right now). Also, how much is this lawsuit costing the city? Are they being charged extra by Barr or is this covered in their retainer?
Valerie Rottet
Tue, Apr 20, 2010 : 9:02 a.m.
If the city wants to raze a building so badly, why don't they raze one along Michigan Ave. We (the residents of Ypsilanti) finally have an investor who would like to improve our city and we threaten him with a law suit. That behavior is not going to attract other developer to our city.
Mick52
Sun, Apr 18, 2010 : 1:36 p.m.
I am thinking that anyone who raises the possibility of development in Ypsilanti should be given more consideration, a parade and the key to the city. I hate to see historic buildings come down. Another thing that seems odd in this story is that apparently the city administrator did not have a problem with the current arrangement. Maybe the council wants to tear it down and put in a parking lot for the new fast train. I have been through that intersection many times and never found it a problem. I suggest giving him one more chance, with strict deadlines and bring it down if the deadline are not met. Ditto with proof of funding ability to proceed.
Dante Marcos
Sat, Apr 17, 2010 : 7:18 a.m.
"Possessions are usually diminished by possession." Nietzsche
M.
Fri, Apr 16, 2010 : 7:46 p.m.
Im disappointed they chose to delay the process because if we were allowed to do the work, the first parts would be done already. Beal added no further work will be done until the cases conclusion. When you go into the court process, you immediately stop all progress until you go through court, he said. What?? Work stops when you enter the court process...but work hasn't begun and you just started the court process a little more than a week ago? He makes it sound like the city is hurting the whole process by blocking his work, but I seriously doubt that he would have started the work even by the time the court process will be finished! I'd be interested to see the deal that was proposed and rejected as I would hope it would include some kind of projected schedule for the work.
TopDeadCenter
Fri, Apr 16, 2010 : 3:03 p.m.
Raze the bldg before the Memorial Day parade! I'm tired of looking at that mess and driving around the supports. If the bldg wasn't insured prior to the fire, is it insured now? Wouldn't that in itself be motivation for Mr. Beal take actions?
annarborfan
Fri, Apr 16, 2010 : 1:30 p.m.
Just relax Ypsichick.... I don't think you have all your facts. I agree it should be torn down though it was the city of Ypsilanti that had Beal jump through hoops to get to where he is now. If he was smart he'd call it quits. Is this the same ypsichick that hounds disc golfers?
URmaster
Fri, Apr 16, 2010 : 1:13 p.m.
I think two very important points have been made in the comments section which warrants this building, the Thompson block, to be torn down now and the bricks sold on eBay to Civil war history buffs. 1. At the time of the fire, the building was UNINSURED. This is important because no insurance monies will EVER be available. 2. He, Mr. Beal, has don no work to the building interior (or exterior) which demonstrates a lack of sincerity. He (or his father) would have spent the past six months doing ANY work, I would cut them some slack. This building is and has been doomed since the 80s. Enough!
Luke
Fri, Apr 16, 2010 : 11:23 a.m.
Living a block away from the Thompson property on East Cross St., all I can say is that I'm getting tired of this. I think there was a brief period where Mr. Beal enjoyed the sympathy of myself and other neighborhood residents, but the utter lack of progress made since the fire has resulted in a loss of that good will, at least on my part. At this point, anything is preferable to nothing. If "anything" involves tearing the structure down and beginning the process of redevelopment from scratch, so be it. Not everything can be preserved; the Citadel of Qaitbay is built from the remains of the Lighthouse of Alexandria.
Midtowner
Fri, Apr 16, 2010 : 10 a.m.
Mr. Beal should be allowed to do whatever he wants no matter how long it takes. I would be fine if the building looked like it does now five even ten years in the future if it meant PROGRESS. Mr. Beal cares about preserving and rehabilitating historic properties. The Thompson Block is the most important building in Depot Town. It needs to stay. Fight for your rights Mr. Beal. I hope you sue the city for everything it has. I don't blame you for not doing anything to the building until this is cleared up. Don't listen to these haters.
YpsiChick
Fri, Apr 16, 2010 : 9:40 a.m.
Beal has not done anything on the property. He has not redeveloped it or preserved a historic structure. He has let it decay. For YEARS. Always an excuse....
Tom Perkins
Fri, Apr 16, 2010 : 9:37 a.m.
Forest City, The picture was taken on Wednesday. Julia Ward, Thanks for pointing that out. I made a correction.
Julia Ward
Fri, Apr 16, 2010 : 9:18 a.m.
Sorry to nitpick, but Cross Street is an east-west road. Regardless of its historical status, the Thompson Block is both an eyesore and (now) a hazard. Does the current owner have infinitely deep pockets? Seems like work has been in progress there since about 1997 with nothing to show for the money they've spent.
Forest City
Fri, Apr 16, 2010 : 9:01 a.m.
Is that picture current? If so, the car on the left clearly has to enter the left turn lane to drive past the building. How is that not a traffic hazzard and a danger?
MB111
Fri, Apr 16, 2010 : 8:57 a.m.
Ypsichick wants to villify Beal for having the audacity to both re-develop a property and preserve a historical (old?) structure. Additionally, he has invested heavily in Ypsi and presumably pays taxes - a real sign of disrespect.
Larry White
Fri, Apr 16, 2010 : 8:55 a.m.
This is not the image that I want visitors to Ypsilanti to leave with. I moved to Ypsi 21 years ago and I can't believe the nuisance this building has been to the city. Raze it, clear the roadways, the blight and let the community move on.
YpsiChick
Fri, Apr 16, 2010 : 8:36 a.m.
The city and people of Ypsilanti have bent over backwards to accomodate Mr. Beal, allowing him plenty of time and extensions to make progress on his goal. He has done nothing but ignore his responsibilities and blame others. His attitude and lack of respect for the city make him the Kwame of Ypsi.
Tom Perkins
Fri, Apr 16, 2010 : 8:21 a.m.
Dading, It remains under investigation by the Ypsilanti Police. The Michigan State Police did have a detective working the case, but he quit suddenly and unexpectedly. That slowed things down a little. Also, the building was uninsured at the time.
CountyKate
Fri, Apr 16, 2010 : 7:59 a.m.
dading, the last I heard, some materials were sent to a crime lab for analysis, but it might be impossible to tell what actually started the fire. Jimmy McNulty, I could not possibly agree more. Beal didn't keep work progressing even before the fire. At one time, there was a sign up saying leases were being accepted and then the sign came down and work appeared to stop. Beal may say no work is being done because of the city's lawsuit, but he had from September to March to get some better arrangement in place and failed. So, what's his excuse for that? No, this is a dangerous nuisance and needs to come down before someone gets hurt. Time's up.
Jimmy McNulty
Fri, Apr 16, 2010 : 6:51 a.m.
"Beal has repeatedly argued the supports can't be removed as quickly as the city would like because the work takes time." "...if we were allowed to do the work, the first parts would be done already." B.S. There has been NO work done to the interior of this structure since this happened in September. It's an eyesore and a danger.
dading dont delete me bro
Fri, Apr 16, 2010 : 5:40 a.m.
again, any story relating to the cause of the fire?