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00SL2
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City appealing $6M Genesee Towers ruling
Posted by Joe Lawlor | The Flint Journal February 12, 2008 16:50PM
Categories: Breaking News, Community: Flint
Genesee Circuit Judge Geoffrey L. Neithercut denied a motion by the city on Monday to set aside a decision made by an arbitrator that awards the owner of Genesee Towers $6 million for the dilapidated building.
The city and owners Kumar and Sasikala Vemulapalli have been locked in a dispute over the building.
The city planned to take over the building due to its deteriorating condition, but an arbitrator ruled that the city could not reappraise the building for less money immediately before taking it over. The city had never reappraised the building even though it was in a flood and vacated and after condemnation proceedings began in 2004.
The city plans to appeal to the appeals court, said City Attorney Trachelle Young.
Young said the city would not have to pay any money to Vemulapalli while the case is pending.
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Permalink:
http://blog.mlive.com/flintjournal/newsnow/2008/02/city_appealing_6m_genesee_towe.html
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Judge orders city to pay up on $6 million award for Genesee Towers
By Cathy Shafran
FLINT (WJRT) -- February 11, 2008 --
Another costly legal defeat for the city of Flint came Monday as a judge ordered the city to pay up on the $6 million award for Genesee Towers.
The vacant, 18-story building remains at the center of a costly dispute for the city. Three months ago, an arbitrator told the city it must pay the owner $6 million to acquire it for condemnation.
The city Monday asked a judge to throw that out that decision. A reluctant judge denied their request, even though it will cost the judge money down the line.
It was back in November that the arbitrator released his findings, revealing that for the city to acquire the building for condemnation, it must pay $6 million.
It was a shocking result for the city, which had agreed ahead of time to accept the binding ruling of an arbitrator.
"We think the arbitrator as a matter of law made some rulings that he was not authorized to do," said Donald Rockwell, attorney for the city of Flint.
In court Monday, attorneys for the city argued that the arbitrator shouldn't have considered the 10-year history of the building's value -- only its assessed value since 2006.
But Genesee County Circuit Court Judge Geoffrey Neithercut said the law did not allow him to overrule the contents of an arbitrator's decision, no matter his personal thoughts on the case.
On the bench, Neithercut bemoaned the current state of affairs for the city, noting, quote: "This is a travesty when a man buys a building for $400,000, runs it into the ground and gets an arbitrator's award for millions of dollars, which the taxpayers of the city of Flint will have to pay for."
Neithercut, who lives in Flint, concluded, unfortunately, that the court is one of the taxpayers, as is the arbitrator.
"It's an unfortunate comment because Judge Neithercut was not in the arbitration hearing and did not hear any of the facts, one of which was that the Vemulapalis have put in more than $2.5 million into that building since they acquired it," said Edward Draguelis, attorney for the owner of Genesee Towers.
Attorneys for the building's owner call the decision a just reward in a situation they claim was caused totally by the city.
Attorneys for the city say they are appealing the $6 million award to the State Court of Appeals despite interest that accrues starting Monday.
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Source: http://abclocal.go.com/wjrt/story?section=news/local&id=5950693 |
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Tue Feb 12, 2008 9:54 pm |
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last time here
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what was 2.5m spent on?
set up!!!  |
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Wed Feb 13, 2008 12:11 am |
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Bossman
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| Here we go again. The City is fighting another law suit with interest shooting upward out of control. With none of these lost lawsuits being figured into the deficit, were probably closer to over 20M in the hole. Oh yeah, and it goes up every day. Way to go Don! |
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Wed Feb 13, 2008 12:47 am |
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Demeralda
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I just don't get this one, seriously. How the HELL did they think they could appeal BINDING ARBITRATION? That's why you agree to it at the beginning!
These are the most incompetent people I've ever seen. EVER.
Trachelle Young should be disbarred, she's a disgrace. Continuously. |
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Wed Feb 13, 2008 10:46 am |
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last time here
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| damn.. |
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Wed Feb 13, 2008 11:48 am |
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Ted Jankowski
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Why blame Trachelle for doing exactly as she was instructed to do?
Genesee Circuit Judge Geoffrey L. Neithercut has caused this city so much more because of failing to rule in previous cases through out the last four years. Who is he to complain about a decesion he hasn't even followed? At least his comments show he hasn't followed it.
Kumar and Sasikala Vemulapalli Won on two main reasons. One The City under this Mayor wanted that property. They put up road block after road block to him fixing it. REminds me of the Mayor of New Orleans. Telling FEMA not to come in then complaining that they didn't come in. This is the same with the Kearsley Golf View Estates... I digress. So the Mayor wanted this property made this guy waste millions trying to work with the city. Which underminded him every step of the way.
Then to seal the City's fate. The city continued to TAX the building at a value of 6 million. LOL LOL LOL LOL LOL then claim it wasn't worth it! Hey everyone. That's exactly the boat we are all in. Our property won't sell for it's tax value but try to get your taxes lowered. LOL LOL LOL This alone brings a smile to my face. The Sad truth to the whole thing, Is that Criminals running the City and our government extort more money out of us the tax payer. Then when they get caught. They look like the fools and criminals they are. Yet we still do nothing about it but re-elect them to rip us off even more. AND WE PAY FOR IT EITHER WAY! |
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Wed Feb 13, 2008 12:06 pm |
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Demeralda
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Because she should be giving them LEGAL advice. I don't count on the DON understanding binding arbitration. She should be reminding him that he's too stupid to make big legal decisions like that. Haha.
But my comments were not based on this alone. Neglecting her duties for American Idol... don't you remember that one?
I've had a few other dealings. Not impressed.... AT ALL. |
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Wed Feb 13, 2008 12:11 pm |
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Ted Jankowski
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Demeralda, That is exactly what she should do and possibly has tried in the past. For some reason. she doesn't understand that she is the City's Attorney. The Don Pays her. If you are going to keep your 100,000 plus a year job working for the DON. You will do what you're told. No mattter how wrong or stupid it is. You cannot have character and work for the Don. That's just the way it is. You've got to be either willing to sell your soul. Or too ignorant to understand what your doing is wrong.
I don't know how Patsy has done it. Everything I've ever heard about that woman has been nothing but nice. She's only done one silly thing that I can think of since the Don became Mayor. And who doesn't do something silly every now and then. Oops I just remmembered one more. Not bad for someone in the public eye. |
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Wed Feb 13, 2008 9:49 pm |
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00SL2
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Demeralda: "I just don't get this one, seriously. How the HELL did they think they could appeal BINDING ARBITRATION? That's why you agree to it at the beginning! These are the most incompetent people I've ever seen. EVER. Trachelle Young should be disbarred, she's a disgrace. Continuously."
00SL2 Response: Demeralda, was Trachelle Young in charge of this one? This was on the ABC12 (WJRT) video and text reports referenced in the opening post: "'We think
the arbitrator as a matter of law made some rulings that he was not authorized to do,'
said Donald Rockwell, attorney for the city of Flint." I have known Don Rockwell for many years and he is by far one of the most competent, ethical attorneys you could ever meet. His honesty, integrity and legal judgment are of the highest order. I wouldn't hesitate to refer anyone to him for subject matters within his areas of expertise. If he thinks the arbitrator has made rulings he wasn't authorized to do, I trust his judgment and look forward to seeing an appeal ruling in favor of the City of Flint.
Ted Jankowski: "The city continued to TAX the building at a value of 6 million."
00SL2 Response: Ted, I know you like FACTS. Where do you get the information for that statement? Genesee Towers is in the Renaissance Zone, meaning it
should have been
exempt from taxes. However, the water lien Kumar refused to pay caused the property to stay on the tax roll. The address is 120 E. First St. The 2007 SEV and taxable value is shown as $1,847,700. The 2006 SEV is shown as $1,759,900 and taxable value is shown as $1,754.138. See for yourself under property tax lookup at cityofflint.com. |
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Wed Feb 13, 2008 10:32 pm |
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last time here
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i knew it..ted's balloon has just been deflated.  again
and thats a FACT!! bwaaaaahhhhhhhh
theres NO WAY kumar's spent 2.5 million on that dump!!
Last edited by last time here on Wed Feb 13, 2008 11:06 pm; edited 1 time in total |
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Wed Feb 13, 2008 10:40 pm |
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00SL2
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| Forgot to add, Kumar would have considerable capital gain if he gets 6 million. He bought the property in October 1997 at an auction for $500,000. |
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Wed Feb 13, 2008 11:04 pm |
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Ted Jankowski
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No deflating. Just over exaggeration. It was a combination of Tax Value, "Improvements" and Legal Costs.
3.5 million value 1.75x2
2.0 million improvement
.5 million for legal costs etc.
6.0 million
Thanks for someone actually paying attention.
Now there's someone that can carry on a discussion.
Seems to me the guy did offer to sell it to the city at it's "resale value" and they still wouldn't accept that. This is what the city gets when they have a hard head as the Mayor. One who is used to dragging things out in court and paying pennies on the dollar. |
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Thu Feb 14, 2008 8:59 am |
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last time here
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oh well??  |
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Thu Feb 14, 2008 9:52 am |
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Demeralda
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Well, gee, if you think you might not trust the arbitrator, you don't AGREE to the process. That's my point! Once you agree to binding, there's no argument out of it.
They should've known who/what they'd be dealing with, including the possible worst case scenarios, before agreeing to something so ridiculous. If they don't trust the process, they should continue with their suits and counter-suits. |
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Thu Feb 14, 2008 12:06 pm |
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Ted Jankowski
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quote:
Demeralda schreef:
Well, gee, if you think you might not trust the arbitrator, you don't AGREE to the process. That's my point! Once you agree to binding, there's no argument out of it.
They should've known who/what they'd be dealing with, including the possible worst case scenarios, before agreeing to something so ridiculous. If they don't trust the process, they should continue with their suits and counter-suits.
We should have Demeralda working as the City Attorney. This is perfect logic! |
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Fri Feb 15, 2008 12:23 pm |
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