Posts tagged with "lawsuit":

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University of Washington in legal battle over brutalist building

In Seattle,  the University of Washington (UW) is battling the city and three local nonprofits—Docomomo WEWA, Historic Seattle, and the Washington Trust for Historic Preservation—was discussed last Friday at a hearing at the King County Superior Court though a decision is still pending. The issue: whether the city can declare More Hall Annex, the 1961 Brutalist building on UW’s campus, a historic city landmark, and effectively stop future development plans on the site. The building is already on the national and state registers of historic places. Designed by The Architect Artist Group (TAAG) that included Wendell Lovett, Daniel Streissguth, and Gene Zema, the building was once home to a nuclear reactor for training nuclear engineering students. The lawsuit embodies the age old case between developers and preservationists, a “freedom to” vs. “freedom from” debate: the university wants to exercise their control, or freedom to develop, and for the city and three involved non-profits, it’s a case of protection, or freedom from demolition of historically significant buildings. “If the university wins it could set a precedent for exempting the UW and other state universities from local land-use laws,” writes Crosscut, an online nonprofit newspaper based in Seattle. "If the city prevails, Seattle’s landmarks ordinance could apply to buildings on campus, including the historic More Hall Annex, aka the Nuclear Reactor Building, which the UW wants to tear down but preservationists want to save.” UW is arguing this is a constitutional issue, while the city believes the UW Board of Regents must adhere to land-use regulations. The clash between the university and the city over More Hall Annex is not new. In 2008, The Seattle Times wrote a piece on the controversy, "UW building is hot, but is it historic?", that profiled a UW architecture graduate student’s plan to help save the building. After learning UW wanted to demolish More Hall Annex, she nominated it to the National Register of Historic Places. The university did not move forward on demolishing the building because of the recession. The student's application was successful. In 2009, More Hall Annex was added to the National Register of Historic Places, an unusual move as the building was less than 50 years old at the time and architects involved in the project were still alive. Yet the university re-examined its plans. In early 2015, according to GeekWire, UW hired Seattle firm LMN Architects to develop plans for a second computer science building. A draft environmental impact statement featured options exploring the More Hall Annex site. Microsoft pledged $10 million to UW to help fund the project. More Hall Annex has stood empty for more than two decades. The nuclear reactor was decommissioned in 1988 and fully decontaminated just under a decade ago.
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Eavesdrop> Luxury Leather Daddy Lawsuit: Peter Marino in court after allegations of sexism, racism

Luxury New York architect Peter Marino is allegedly being sued for making racist and sexist comments. Deirdre O’Brien, Marino’s former office manager, worked at his eponymous firm for 14 years. On October 26, Marino allegedly “’unleashed a tirade’ against her in front of male executives… He ordered her out, calling her a ‘c–t’ as her back was turned” reported the Post's Page 6. The suit also alleges that this is not an isolated incident, but rather the tipping point for O’Brien, who claims that Marino has a history of making racist comments against his black and Asian employees, as well as calling his female employees offensive names. O’Brien claims that she was fired after issuing a complaint to the HR department, which is what led to her unfair dismissal suit. Marino, known as “fashion’s favorite architect,” has designed hundreds of stores for high-end fashion brands such as Chanel, Christian Dior, Bulgari, and Louis Vuitton, and got his break designing Andy Warhol’s townhouse in 1978. Recently, he designed a 12-story residential building on New York’s Highline with developer Michael Shvo. He is also rather infamously known for his biker-inspired, full-leather get-ups—replete with codpieces. Unfortunately for Marino, not everyone has leather-thick skin when it comes to being called the c-word.
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Developers, builders sue city of Chicago over new affordable housing fees

Home builders and developers in Chicago have sued the city to block a tightening of its affordable housing laws, which were recently revamped to encourage more private development of units accessible to low-income residents. Hoyne Development and the Home Builders Association of Greater Chicago say the longstanding Affordable Requirements Ordinance (ARO) violates the Fifth Amendment because it involves the taking of private property without "just compensation.” Earlier this year Chicago City Council voted to overhaul of the ARO, which compels private developers to build affordable housing or pay "in-lieu" fees. Those fees were too low, many argued, and resulted mostly in developers paying their way out of having to devote a substantial amount of new housing stock to affordable units. But in their suit the developers argue raising the fees could backfire by making $900 million in planned construction suddenly infeasible. The new ARO fees take effect October 13. As Brentin Mock writes for CityLab, the outcome of the case could affect similar proceedings in Los Angeles and New York, where so-called inclusionary-zoning plans are in the works.
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Chicago Mulls Zoning Changes To Ward Off Mountains of Petcoke

Piles of dusty, black waste from coal and petroleum processing have been piling up on Chicago’s southeast side, angering residents and prompting Mayor Rahm Emanuel to weigh in on the contentious environmental issue. The Sun-Times has reported that Emanuel will introduce an ordinance at next month’s City Council meeting banning new storage facilities for so-called petcoke—a byproduct of the oil refinery process that can be sold overseas. It’s a step back from an outright ban proposed in December by Alderman Edward Burke, whose constituents were outraged by black dust clouds wafting from uncovered piles of petcoke along the Calumet River. Southeast side communities like Calumet, South Chicago, and South Deering are no strangers to industrial zoning. The Illinois-Indiana border has long been a pastiche of brownfields, residential communities, natural areas, and heavy industry. But the swirling black dust incited a class-action lawsuit filed against three storage sites last year. Chicago’s Department of Public Health shares area residents’ concerns. “We know that petcoke is a respiratory irritant and the main concern is if the petcoke is inhaled,” Commissioner of Public Health Dr. Bechara Choucair told the Sun-Times. “If you have somebody with asthma or other respiratory problems, inhaling petcoke would really lead to more problems…We are advancing this ordinance to protect our residents.” The anticipated zoning ordinance would prevent new petcoke storage facilities from entering the city, and would keep current outfits from expanding. KCBX, the largest such facility in the area, says the ordinance is unjustified, a sentiment shared by some business groups:
Mark Denzler, vice president of the Illinois Manufacturers’ Association called the ordinance “a solution in search of a problem.” … The Illinois Chamber of Commerce is also questioning the ordinance, calling it an “overreaction.” “We don’t understand what the mayor is trying to accomplish here. Petcoke and coal have been handled and stored in Chicago for decades with few issues. This seems like an overreaction to one incident – good policy rarely comes from overreacting,” Doug Whitley, Illinois Chamber of Commerce CEO said.
KCBX is an affiliate of Koch Industries, the business empire of brothers Charles and David H. Koch. Their company, Koch Carbon, came under fire last year for storing the same material along the Detroit River.
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UPDATE: Preservationists Sue to Save Chicago’s Prentice Hospital, Win Temporary Protection

A bizarre parliamentary maneuver two weeks ago granted and subsequently revoked landmark status for Bertrand Goldberg’s embattled Old Prentice Women’s Hospital in Chicago, leading some to speculate about legal recourse for a coalition of preservationists who have fought owner Northwestern University’s plans to demolish the building. Today members of that coalition took their battle to court, alleging the Commission on Chicago Landmarks “acted arbitrarily and exceeded its authority.” The lawsuit, filed on behalf of the National Trust for Historic Preservation and the Landmarks Preservation Council, calls on the court to send the Prentice decision back to the commission for reconsideration. It echoes procedural complaints first made before the commission even met Nov. 1, when members of the Save Prentice Coalition decried a meeting agenda that apparently “pre-orchestrated” the failure of the proposal to protect Prentice. Commissioners first voted to recognize the building’s merits for preservation and granted it landmark protection; they then voted two hours later, during the same meeting, to revoke that protection. The basis of the second vote was an unusual presentation from the commission of Housing and Economic Development, which argued new construction would bring jobs and research dollars that supersede the importance of preserving Prentice. Today’s lawsuit alleges that the council was not permitted under its guiding ordinance to consider economic matters in it decision. A judge will consider the suit this afternoon. The Chicago Architecture Foundation today opens its Reconsidering an Icon show, which will feature 71 proposals for reuse of the building, compliant with Northwestern’s biomedical research requirements. The show will be open until February. UPDATE [3:58 p.m. CST]: Cook County Judge Neil Cohen granted Prentice temporary landmark status Thursday afternoon, preventing the city from issuing a demolition permit for now. “We’re going to do no harm to Prentice while this can be resolved," Cohen said. The next hearing is Dec. 7.
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Eureka! California Redevelopment Agencies Sue To Save Selves

Eureka is right!
As we recently predicted, the California Redevelopment Association and the League of California Cities yesterday filed a lawsuit in the California Supreme Court over the recent passage of bills to eliminate, or at least "ransom" its more than 400 redevelopment agencies. AB 1X 26 eliminates redevelopment agencies while AB 1X 27 allows agencies to exist if they agree to pay their share of $1.7 billion this year and $400 million annually.  The central claim in the lawsuit is that AB 1X 26/27 violates Proposition 22, the constitutional amendment passed in 2010 to  “conclusively and completely prohibit State politicians in Sacramento from seizing, diverting, shifting, borrowing, transferring, suspending, or otherwise taking or interfering with” revenue dedicated to local government, including redevelopment agencies. Under the terms of AB 1X 27, cities with redevelopment agencies intending to make their share of the $1.7 billion payment must notify the state by October 1.  But the lawsuit  requests a stay to prevent the legislation from going into effect until the court rules. So for the third year in a row California's redevelopment funding will become a decision of the courts. Isn't this fun?
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You Windermere Some, You Lose Some

The Observer is reporting that Windermere, an individual landmark dating from the late 19th Century located on West 57th Street, was recently purchased for $13 million, or an astounding $181-per-square-foot. The sumptuous red brick apartment building had fallen into disrepair some years ago after its Japanese owner apparently lost interest in it, leading to a lawsuit we covered last year. Last Thursday, the commission announced [PDF] a landmark victory in its civil suit, which netted a record $1.1 million payment to the city, $2.6 million for seven displaced tenants of the former SRO, and an agreement from the new owner of the building to restore it to its former glory. (The suits had to be settled before the sale could go through.) So it looks like a win-win for everyone: An affordable gem for some enterprising developers, a windfall for the city, and a victory, most importantly, for those poor tenants.