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Gooch
F L I N T O I D
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City of Flint loses its argument over Genesee Towers in Michigan Court of Appeals ruling
By Teri Banas
December 23, 2009, 11:15AM
FLINT, Michigan -- The Michigan Court of Appeals has reinstated a more than $6 million arbitration award against the city of Flint in the long-standing legal drama surrounding the downtown Genesee Towers office building.
The appellate court’s decision, filed Tuesday, essentially upholds the arbitrator’s decision that the dilapidated property, vacated for years and long considered an eyesore, is valued at $6.02 million.
In 2008 the city was ordered to take possession of the towers and pay its owners -- Kumar and Sasikala Vemulapalli -- $1.5 million by Genesee Circuit Court Judge Geoffrey L. Neithercut. The city had condemned the property, considered the 19-story building dangerous and wanted to tear it down.
City attorney Pete Bade today said the city’s legal team will prepare a timely appeal of yesterday’s decision.
“We will seek leave to the Michigan Supreme Court and ask them to reverse the Court of Appeals because we think their decision is deeply flawed,” Bade said.
“We are obviously deeply disappointed in the court’s decision. We think the panel’s ruling is flawed and that Judge Neithercut’s order setting aside the arbitration award was the correct reading of the law,” Bade added.
Kumar Vemulapalli could not be reached by phone this morning.
Vemulapalli bought the property at auction in 1997 for $500,000, according to court documents. It has been vacant since remaining tenants moved out in 2002 after a flood damaged the building in August 2001.The streets surrounding Genesee Towers continued to be blocked off for fear of falling debris.
Five years ago the property owners filed their complaint alleging that the city took the property without just compensation.
Bade says the dispute focuses on technical legal issues between “inverse condemnation” and “straight condemnation.” The damages are much greater in inverse condemnation.
“Everyone agrees this should have been a regular condemnation,” Bade added. |
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Wed Dec 23, 2009 12:51 pm |
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Adam
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| We should uncondemn it and let Kumar re-open and stop ****ing with him on that because we need that damn building opened up 10 years ago even if its not pretty like the homes on Manning Ct were!!! |
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Adam
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Mysearchisover.com
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FB
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Jobs
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Wed Dec 23, 2009 8:28 pm |
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back again
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actually adam, thats not a bad idea. mute the condemnation and allow kumar to open the building. of course, this being an up and coming college town with interests in washington, mr kumar would have to invest heavily in his building in order to bring it up to acceptable standards.
it's possible williamson's attempt to get kumar to either renovate or demolish the building was done in haste. at the time wasn't the building falling apart anyway? i recall bank one and others moving out for some reason.isn't there some type of law that demands renovation of buildings on a main street?, or how else could the problem of "slumlording on a major designated throughfare" been taken care of, if at all??
please excuse my ignorance.  |
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even a small act of goodness may be a tiny raft of salvation across the treacherous gulf of sin, but one who drinks the wine of selfishness, and dances on the little boat of meaness, sinks in the ocean of ignorance.
P.Y. |
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Wed Dec 23, 2009 9:05 pm |
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twotap
F L I N T O I D
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quote:
please excuse my ignorance.
Not a problem we do it all the time.  |
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"If you like your current healthcare you can keep it, Period"!!
Barack Hussein Obama--- multiple times. |
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Wed Dec 23, 2009 10:10 pm |
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untanglingwebs
El Supremo
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actually the process began with Stanley. Jake hawkins was brought out of retirement solely to inspect Genesee Towers.
Concerns about the building prompted many tenants to move out. The elevators especially were problematic as they kept trapping people in between floors. Inspectors alleged the elevator was rigged to run illegally. Allegedly Otis elevator was furious with extension cords, etc being used on the elevators and being blamed on them.
Kumar is an engineer. According to Water dept officials there was an issue with water bypasses to circumvent the billing dept.
Mott Foundation building officials complained about Kumar using untrained laborers (some from Strive) to repair the ramp. One young man allegedly stepped off a scaffold just before it fell. The court issued an order that he must use licensed contractors.
Engineering reports stated the building was unsafe and pieces of the building began to fall. The bank was one of the last tenants to leave. |
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Wed Dec 23, 2009 10:44 pm |
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untanglingwebs
El Supremo
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Former Judge Val Washington did the evaluation for the $6 million figure. He had started work with the state and Bob Emerson prior to his decision and he did not disclose. Trachelle Young filed a protest. Emersson never hid his dislike for Williamson.
On the 17th floor of the building were nests of vultures. Seeing the baby vultures walk by on the ledges of the windows used to give me a weird sense of foreboding. It was creepy to see them looking in at everyone. |
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Thu Dec 24, 2009 7:35 am |
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Dave Starr
F L I N T O I D
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| You just reminded me of when my sister was in the hospital for cancer surgery. She told me she woke up in her room after the surgery & saw 2 vultures on her window ledge looking at her. |
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I used to care, but I take a pill for that now.
Pushing buttons sure can be fun.
When a lion wants to go somewhere, he doesn’t worry about how many hyenas are in the way.
Paddle faster, I hear banjos. |
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Thu Dec 24, 2009 8:53 am |
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back again
F L I N T O I D
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| so it was a setup right from the start!!!!!! was trachelle's complaint ever answered? sounds like she had a great point!! |
_________________
even a small act of goodness may be a tiny raft of salvation across the treacherous gulf of sin, but one who drinks the wine of selfishness, and dances on the little boat of meaness, sinks in the ocean of ignorance.
P.Y. |
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Thu Dec 24, 2009 1:28 pm |
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Ryan Eashoo
F L I N T O I D
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I talk about the Genesee Towers on my show this week
http://www.stickam.com/viewMedia.do?mId=186925920
http://www.stickam.com/viewMedia.do?mId=186925920
quote:
Gooch schreef:
City of Flint loses its argument over Genesee Towers in Michigan Court of Appeals ruling
By Teri Banas
December 23, 2009, 11:15AM
FLINT, Michigan -- The Michigan Court of Appeals has reinstated a more than $6 million arbitration award against the city of Flint in the long-standing legal drama surrounding the downtown Genesee Towers office building.
The appellate court’s decision, filed Tuesday, essentially upholds the arbitrator’s decision that the dilapidated property, vacated for years and long considered an eyesore, is valued at $6.02 million.
In 2008 the city was ordered to take possession of the towers and pay its owners -- Kumar and Sasikala Vemulapalli -- $1.5 million by Genesee Circuit Court Judge Geoffrey L. Neithercut. The city had condemned the property, considered the 19-story building dangerous and wanted to tear it down.
City attorney Pete Bade today said the city’s legal team will prepare a timely appeal of yesterday’s decision.
“We will seek leave to the Michigan Supreme Court and ask them to reverse the Court of Appeals because we think their decision is deeply flawed,” Bade said.
“We are obviously deeply disappointed in the court’s decision. We think the panel’s ruling is flawed and that Judge Neithercut’s order setting aside the arbitration award was the correct reading of the law,” Bade added.
Kumar Vemulapalli could not be reached by phone this morning.
Vemulapalli bought the property at auction in 1997 for $500,000, according to court documents. It has been vacant since remaining tenants moved out in 2002 after a flood damaged the building in August 2001.The streets surrounding Genesee Towers continued to be blocked off for fear of falling debris.
Five years ago the property owners filed their complaint alleging that the city took the property without just compensation.
Bade says the dispute focuses on technical legal issues between “inverse condemnation” and “straight condemnation.” The damages are much greater in inverse condemnation.
“Everyone agrees this should have been a regular condemnation,” Bade added.
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Flint Michigan Resident, Tax Payer, Flint Nutt - Local REALTOR - Activist. www.FlintTown.com |
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Fri Dec 25, 2009 6:34 pm |
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Ryan Eashoo
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First thing first this wasn't created by Walling and for the record started back during Stanley and Kurtz. Mayor Walling is trying his best to figure this whole thing out.
quote:
Gooch schreef:
City of Flint loses its argument over Genesee Towers in Michigan Court of Appeals ruling
By Teri Banas
December 23, 2009, 11:15AM
FLINT, Michigan -- The Michigan Court of Appeals has reinstated a more than $6 million arbitration award against the city of Flint in the long-standing legal drama surrounding the downtown Genesee Towers office building.
The appellate court’s decision, filed Tuesday, essentially upholds the arbitrator’s decision that the dilapidated property, vacated for years and long considered an eyesore, is valued at $6.02 million.
In 2008 the city was ordered to take possession of the towers and pay its owners -- Kumar and Sasikala Vemulapalli -- $1.5 million by Genesee Circuit Court Judge Geoffrey L. Neithercut. The city had condemned the property, considered the 19-story building dangerous and wanted to tear it down.
City attorney Pete Bade today said the city’s legal team will prepare a timely appeal of yesterday’s decision.
“We will seek leave to the Michigan Supreme Court and ask them to reverse the Court of Appeals because we think their decision is deeply flawed,” Bade said.
“We are obviously deeply disappointed in the court’s decision. We think the panel’s ruling is flawed and that Judge Neithercut’s order setting aside the arbitration award was the correct reading of the law,” Bade added.
Kumar Vemulapalli could not be reached by phone this morning.
Vemulapalli bought the property at auction in 1997 for $500,000, according to court documents. It has been vacant since remaining tenants moved out in 2002 after a flood damaged the building in August 2001.The streets surrounding Genesee Towers continued to be blocked off for fear of falling debris.
Five years ago the property owners filed their complaint alleging that the city took the property without just compensation.
Bade says the dispute focuses on technical legal issues between “inverse condemnation” and “straight condemnation.” The damages are much greater in inverse condemnation.
“Everyone agrees this should have been a regular condemnation,” Bade added.
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Flint Michigan Resident, Tax Payer, Flint Nutt - Local REALTOR - Activist. www.FlintTown.com |
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Fri Dec 25, 2009 6:37 pm |
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untanglingwebs
El Supremo
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Ryan- Watched your show and I was impressed. You have a good grasp of the issues in the city.
You are absolutely correct about White and the Mott Foundation wanting this building gone. There were plans initially when the Foundation bought out the entire block to tear that building down for parking behind their block.
I am not in agreement with you about the future need for the building. What are the vacancy rates for downtown office space? The parking structure allegedly reuires significant repair. There are dueling engineering reports. One condems it and Kumars says it is ok.
You said Kurtz initiated the issue but then you said 1997. Woodrow Stanley was in office then and did not get recalled until 2002. But you are absolutely correct that the city created the problem. Kumar never maintained any of the downtown buildings he bought. |
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Sat Dec 26, 2009 12:12 pm |
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