tom bell vs. city cleveland, tremont west development, john moss transfered to federal court, - click attachments for complaints

Submitted by Quest-News-Serv... on Sun, 03/21/2010 - 03:26.

TOM WON - DEFENDANTS SETTLED - click attachments for complaint & federal - case dismissed mutually with out prejudice -Case Number:   

CV-08-679153 THOMAS K. BELL vs. CITY OF CLEVELAND, OHIO, ET AL
Case Title:    THOMAS K. BELL vs. CITY OF CLEVELAND, OHIO, ET AL
Image Viewer:    AlternaTIFF
DOCKET INFORMATION
Date    Side    Type    Description    Image
10/27/2009    D4    $$    PAYMENT ON ACCOUNT MADE ON BEHALF OF MOSS/JOHN/ IN THE AMOUNT OF $37.92     
09/17/2009    P1    $$    PAYMENT ON ACCOUNT MADE ON BEHALF OF BELL/THOMAS/K IN THE AMOUNT OF $48.90     
08/21/2009    D1    $$    PAYMENT ON ACCOUNT MADE ON BEHALF OF CITY OF CLEVELAND OHIO IN THE AMOUNT OF $12.48     
07/24/2009    N/A    CS    COURT COST ASSESSED THOMAS K BELL BILL AMOUNT 148.9 PAID AMOUNT 100 AMOUNT DUE 48.9 CITY OF CLEVELAND OHIO BILL AMOUNT 12.48 PAID AMOUNT 0 AMOUNT DUE 12.48 JOHN MOSS BILL AMOUNT 37.92 PAID AMOUNT 0 AMOUNT DUE 37.92     
04/24/2009    D1    OT    04/24/09: CASE REMOVED TO U.S. DISTRICT COURT, CASE NUMBER 1:09-CV-884, FEDERAL JUDGE DAN POLSTER, PER JOURNAL ENTRY DATED 4/23/09.....     
04/23/2009    N/A    JE    PURSUANT TO NOTICE OF REMOVAL (TITLE 28 U.S. CODE 1441, ET SEQ.) (FILED 04/17/2009), THE CAPTIONED CASE IS TRANSFERRED TO UNITED STATES DISTRICT COURT (CASE NO. 1:09-CV-884) AND THIS COURT SHALL PROCEED NO FURTHER UNLESS AND UNTIL THE CASE IS REMANDED. COURT COST ASSESSED AS EACH THEIR OWN. CLPAL 04/22/2009 NOTICE ISSUED   
04/22/2009    N/A    SC    FINAL PRE-TRIAL SCHEDULED FOR 11/16/2009 AT 01:30 PM IS CANCELLED.     
04/22/2009    N/A    SC    TRIAL SCHEDULED FOR 12/07/2009 AT 09:30 AM IS CANCELLED.     
04/17/2009    D1    EV    NOTICE OF REMOVAL FILED BY DEFTS. ORIGINAL SENT TO JUDGE HOLLIE GALLAGHER 042009. ROBERT J. TRIOZZI, PATRICIA MCGINTY AND SUSAN M. BUNGARD (216) 664-3574.. PATRICIA MCGINTY ASTON (0070689)     
04/03/2009    D4    SH    CUYAHOGA COUNTY SHERIFF DEPT SERVICE FEE $25.50     
04/03/2009    D4    SR    04/03/2009 13484437 THE WITHIN NAMED MOSS/JOHN/ 03/24/2009 SHERIFF DEPUTY SERV. VACANT IN MY COUNTY.     
04/01/2009    D1    SR    CERTIFIED MAIL RECEIPT NO. 13523035 RETURNED BY U.S. MAIL DEPARTMENT 03/30/2009 CITY OF CLEVELAND OHIO MAIL RECEIVED AT ADDRESS 03/30/2009 SIGNED BY OTHER.     
03/26/2009    D    AN    DEFENDANT(S) TREMONT WEST DEVELOPMENT CORPORATION(D2) and JOHN MOSS(D4) JOINT ANSWER TO PLTF'S AMENDED COMPLAINT. WITH JURY DEMAND CHRISTOPHER R. KAKISH 0079167     
03/26/2009    D1    SR    SUMS AMENDED COMPLNT(13523035) SENT BY CERTIFIED MAIL. TO: CITY OF CLEVELAND OHIO % LAW DIRECTOR 601 LAKESIDE AVENUE ROOM 106 CLEVELAND, OH 44114-0000   
03/24/2009    D1    SR    CERTIFIED MAIL RECEIPT NO. 13485960 RETURNED BY U.S. MAIL DEPARTMENT 03/23/2009 CITY OF CLEVELAND OHIO MAIL RECEIVED AT ADDRESS 03/20/2009 SIGNED BY OTHER.     
03/23/2009    D1    CS    WRIT FEE     
03/19/2009    D1    SR    INSTRUCTION FOR SERVICE ON AMENDED COMPLAINT SENT BY CERTIFIED MAIL TO THE CITY OF CLEVELAND OHIO FILED.     
03/19/2009    P1    AC    P1 THOMAS K BELL AMENDED/SUPPLEMENTAL COMPLAINT. WITH JURY DEMAND JAMES H BANKS 0031958     
03/18/2009    N/A    JE    JOURNAL ENTRY AND OPINION: HAVING REVIEWED THE RECORD BEFORE THE COURT AND UPON DEFT'S MTN, THE COURT HEREBY GRANTS DEFT. STEPHANIE LARKINS' MOTION TO DISMISS. OSJ....(PARTIAL) NOTICE ISSUED.     
03/18/2009    N/A    JE    CMC HELD AND PARTIES APPEARED FACT DISCOVERY CUT OFF: 7/13/09 PLAINTIFF'S EXPERT REPORT DUE: 8/14/09 DEFENDANT'S EXPERT REPORT DUE: 9/14/09 THE COURT ALSO SETS A DISPOSITIVE MOTION DEADLINE OF 9/14/09, BRIEF IN OPPOSITION DUE BY LOCAL RULE. FINAL PRE TRIAL SCHEDULED FOR 11/16/09 AT 1:30 PM. CLIENTS WITH FULL SETTLEMENT AUTHORITY MUST BE PRESENT. NO TELEPHONE APPEARANCES. TRIAL SCHEDULED FOR 12/07/09 AT 9:30 AM. CLTMP 03/17/2009 NOTICE ISSUED   
03/18/2009    D1    SR    SUMS COMPLAINT(13485960) SENT BY CERTIFIED MAIL. TO: CITY OF CLEVELAND OHIO % LAW DIRECTOR 601 LAKESIDE AVENUE ROOM 106 CLEVELAND, OH 44114-0000   
03/17/2009    N/A    SC    TRIAL SET FOR 12/07/2009 AT 09:30 AM. (Notice Sent).     
03/17/2009    N/A    SC    FINAL PRE-TRIAL SET FOR 11/16/2009 AT 01:30 PM. (Notice Sent).     
03/16/2009    D4    SR    SUMS COMPLAINT(13484437) SENT BY CUYAHOGA SHERIFF SERVICE. TO: JOHN MOSS 2457 W 11TH STREET CLEVELAND, OH 44113-0000   
03/16/2009    D1    CS    WRIT FEE     
03/16/2009    D4    CS    WRIT FEE     
03/12/2009    P1    OT    P1 THOMAS K BELL PRETRIAL STATEMENT........... JAMES H BANKS 0031958     
03/12/2009    D1    SR    INSTRUCTION FOR SERVICE ON CITY OF CLEVELAND OHIO SENT BY CERTIFIED MAIL FILED.     
03/12/2009    D4    SR    INSTRUCTION FOR SERVICE ON JOHN MOSS SENT BY PERSONAL SERVICE BY THE CUYAHOGA COUNTY SHERIFF DEPT. FILED.     
02/26/2009    D    AN    DEFENDANT(S) TREMONT WEST DEVELOPMENT CORPORATION(D2) and JOHN MOSS(D4) JOINT ANSWER OF DEFTS TREMONT WEST DEVELOPMENT CORP AND JOHN MOSS. WITH JURY DEMAND CHRISTOPHER R. KAKISH 0079167     
02/14/2009    N/A    SR    SCHEDULE ATTORNEY NOTICE. NOTICE GENERATED FOR JANE JOHN DOES ON 02/14/2009 17:03:19     
02/14/2009    N/A    SR    SCHEDULE ATTORNEY NOTICE. NOTICE GENERATED FOR CITY OF CLEVELAND OHIO ON 02/14/2009 17:03:19     
02/14/2009    N/A    SR    SCHEDULE ATTORNEY NOTICE. NOTICE GENERATED FOR KAKISH/CHRISTOPHER/R. ON 02/14/2009 17:03:19     
02/14/2009    N/A    SR    SCHEDULE ATTORNEY NOTICE. NOTICE GENERATED FOR BUNGARD/SUSAN/M ON 02/14/2009 17:03:19     
02/14/2009    N/A    SR    SCHEDULE ATTORNEY NOTICE. NOTICE GENERATED FOR ASTON/PATRICIA/MCGINTY ON 02/14/2009 17:03:19     
02/14/2009    N/A    SR    SCHEDULE ATTORNEY NOTICE. NOTICE GENERATED FOR BANKS/JAMES/H ON 02/14/2009 17:03:19     
02/14/2009    N/A    SC    CASE MGMNT CONFERENCE SET FOR 03/12/2009 AT 02:30 PM.     
01/27/2009    D4    SR    CERTIFIED MAIL RECEIPT NO. 13091074 RETURNED 01/27/2009 FAILURE OF SERVICE ON DEFENDANT MOSS/JOHN/ - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY     
01/26/2009    D    OT    DEFENDANT(S) TREMONT WEST DEVELOPMENT CORPORATION(D2) and JOHN MOSS(D4) STIPULATED LEAVE TO PLEAD UNTIL 2-26-09. CHRISTOPHER R. KAKISH 0079167     
01/23/2009    P1    OT    P1 THOMAS K BELL MEMORANDUM CONTRA DEFENDANT LARKINS' MOTION TO DISMISS. JAMES H BANKS 0031958     
01/07/2009    D3    MO    D3 STEPHANIE LARKINS MOTION TO DISMISS PATRICIA MCGINTY ASTON 0070689 05/05/2009 - UNKNOWN     
12/30/2008    D3    SR    CERTIFIED MAIL RECEIPT NO. 13091073 RETURNED BY U.S. MAIL DEPARTMENT 12/29/2008 LARKINS/STEPHANIE/ MAIL RECEIVED AT ADDRESS 12/26/2008 SIGNED BY OTHER.     
12/30/2008    D2    SR    CERTIFIED MAIL RECEIPT NO. 13091072 RETURNED BY U.S. MAIL DEPARTMENT 12/29/2008 TREMONT WEST DEVELOPMENT CORPORATION MAIL RECEIVED AT ADDRESS 12/27/2008 SIGNED BY OTHER.     
12/26/2008    D1    SR    CERTIFIED MAIL RECEIPT NO. 13091071 RETURNED 12/26/2008 FAILURE OF SERVICE ON DEFENDANT CITY OF CLEVELAND OHIO - NO SUCH STREET NOTICE MAILED TO PLAINTIFF(S) ATTORNEY     
12/24/2008    D4    SR    SUMS COMPLAINT(13091074) SENT BY CERTIFIED MAIL. TO: JOHN MOSS 2457 W 11TH STREET CLEVELAND, OH 44113-0000   
12/24/2008    D3    SR    SUMS COMPLAINT(13091073) SENT BY CERTIFIED MAIL. TO: STEPHANIE LARKINS C/O CODE ENFORCEMENT DIVISION 601 LAKESIDE AVE CLEVELAND, OH 44114-0000   
12/24/2008    D2    SR    SUMS COMPLAINT(13091072) SENT BY CERTIFIED MAIL. TO: TREMONT WEST DEVELOPMENT CORPORATION C/O STAT AGT CHRISTINE KROSSEL 1734 BRAINARD AVE CLEVELAND, OH 44109-0000   
12/24/2008    D1    SR    SUMS COMPLAINT(13091071) SENT BY CERTIFIED MAIL. TO: CITY OF CLEVELAND OHIO C/O CITY LAW DIRECTOR 13601 EUCLID AVE CLEVELAND, OH 44113-0000   
12/22/2008    N/A    JE    HEARING ATTEMPTED ON PLAINTIFF'S MOTION FOR A TEMPORARY RESTRAINING ORDER. DEFENSE COUNSEL AND WITNESSES APPEARED. PLAINTIFF FAILED TO APPEAR. ACCORDINGLY, THE COURT FINDS THAT THIS MATTER CAME BEFORE THE COURT'S ON PLAINTIFF'S MOTION FOR A TRO SEEKING TO PROHIBIT THE CITY OF CLEVELAND FROM DEMOLISHING THE PROPERTY LOCATED AT 2441-43 PROFESSOR AVENUE, CLEVELAND, OHIO 44113. WITHOUT WAIVING OBJECTION TO NOTICE AND SERVICE OF THE COMPLAINT AND RELATED PLEADINGS IN THIS CASE , THE PLAINTIFF HAS FILED AN APPEAL WITH THE CLEVELAND BOARD OF BUILDING STANDARDS AND BUILDING APPEALS, ("THE BOARD,") ON DECEMBER 3, 2008 IN DOCKET A-208-08. UNDER CLEVELAND CODIFIED ORDINANCE 3103.20(E), THIS APPEAL STAYS THE DEMOLITION OF THE PROPERTY UNLESS THE CITY CERTIFIES AN IMMINENT PERIL TO THE BOARD. IF SUCH CERTIFICATION BY THE CITY OCCURS, THE CITY IS OBLIGATED TO SERVE NOTICE OF THIS CERTIFICATION UPON PLAINTIFF. THUS, PURSUANT TO THIS APPEAL TO THE BOARD, THE PROCEEDINGS RELATED TO THE SUBJECT PROPERTY ARE STAYED PURSUANT TO THE CITY OF CLEVELAND CODIFIED ORDINANCES. PLAINTIFF'S MOTION FOR TRO IS THEREFORE DENIED AS PREMATURE. CLPAL 12/19/2008 NOTICE ISSUED   
12/22/2008    D4    CS    WRIT FEE     
12/22/2008    D3    CS    WRIT FEE     
12/22/2008    D2    CS    WRIT FEE     
12/22/2008    D1    CS    WRIT FEE     
12/16/2008    N/A    SF    JUDGE HOLLIE L GALLAGHER ASSIGNED (RANDOM)     
12/16/2008    P1    SF    LEGAL RESEARCH     
12/16/2008    P1    SF    LEGAL NEWS     
12/16/2008    P1    SF    LEGAL AID     
12/16/2008    P1    SF    COMPUTER FEE     
12/16/2008    P1    SF    CLERK'S FEE     
12/16/2008    P1    SF    DEPOSIT AMOUNT PAID THOMAS K. BELL     
12/16/2008    N/A    SF    CASE FILED     
12/16/2008    P1    SR    COMPLAINT WITH JURY DEMAND FILED. SERVICE REQUEST - SUMMONS BY CERTIFIED MAIL TO THE DEFENDANT(S).     
12/16/2008    P1    MO    PLAINTIFF'S MOTION FOR PERLIMINARY INJUNCTION FILED. 05/05/2009 - UNKNOWN     
12/16/2008    P1    SR    PLAINTIFF'S APPLICATION FOR TEMPORARY RESTRAINING ORDER FILED.

ANTI-SPECIESISM:
SPECIESISM:
1. A PREJUDICE OF ATTITUDE OF BIAS TOWARD THE INTERESTS OF MEMEBERS OF ONE'S OWN SPECIES
AND AGAINIST THOSE OF MEMBERS OF OTHER SPECIES.
2. A WORD USED TO DESCRIBE THE WIDESPREAD DISCRIMINATION THAT IS PRACTICED
BY HOMO SAPIENS AGANIST THE OTHER SPECIES.
SAVE OTHER-OUR SPECIES
SOS-FRE
FROM RESEARCH EXPERIMENT
QUEST, MINISTRIES, GUY TEMPELTON BLACK, PASTOR, and YOGI YOGA BEAR, SERVICE K-9 (guy's partner)
753 BRAYTON AVE., CLEVELAND, OHIO 44113-4604 USA, V:216.861.7368, F:216.861.7368
UNITED STATES ARMED FORCES VETERAN (VOLUNTEER) PEACE, ANTI-WAR, DEFENSIVE
faith based non-profit corporation no. 389646, 501(c)(3), SINCE 1965,
http://realneo.us/blogs/questministries
 
questministry [at] att [dot] net
ADVOCATING FOR A NATIONAL WAR DOGS MEMORIAL

DONATE TO QUEST
 

"When I despair, I remember that all through history the way of truth and love has always won. There have been tyrants and murderers, and for a time they seem invincible, but in the end, they always fall — think of it, always." - Mahatma Gandhi

 

http://www.disclosureproject.com  TRUTH  -  EXTRA-TERRESTRIAL

AttachmentSize
14114394682_tom_bell_federal_court.pdf839.47 KB
14114394681_tom_bell_federal_court_2.pdf102.1 KB
( categories: )

FEDERAL JUDGE DAN POLSTER

SO where does this stand in Federal Court.

I believe I grew up a block from the Polsters. He certainly knows all the rich and powerful people in the region... is he a good judge for the poor and disadvantaged? From Wikipedia...

Dan A. Polster (born 1951) is a United States federal judge.

Born in Cleveland, Ohio, Polster received an A.B. from Harvard College in 1972 and a J.D. from Harvard Law School in 1976. He was a trial attorney in the Antitrust Division of the U.S. Department of Justice from 1976 to 1982, and an assistant U.S. Attorney in the Northern District of Ohio from 1982 to 1998.

On July 31, 1997, Polster was nominated by President Bill Clinton to a seat on the United States District Court for the Northern District of Ohio vacated by David D. Dowd. Polster was confirmed by the United States Senate on July 31, 1998, and received his commission on August 3, 1998.

Disrupt IT

I'm seeing a pattern here that hurt me

About the same time all this BS was happening in Tremont, I was planning urban farming development in my part of town... and I unknowingly brought in a relative of one of the parties being sued here... Dick Fleischman the architect

I was surprised to be attacked by lots of people in Tremont for working with a relative of Moss - and Fleischman wasn't effective - now I'm starting to see why.

I stopped bothering to try and make anything good happen in my part of town, as a result of these kinds of conflicted people.

Now I just make supercomputers, and am looking to leave Northeast Ohio.

Shitty people make regions shitty.

Disrupt IT

In which case Polster grew up across from Crowther

If Dan Polster grew up on South Woodland, by Attleboro, in Shaker, as it appears, he grew up directly across South Woodland from the Crowthers.

Are the Crowthers in any way involved with anything of legal dispute happening in Tremont?

I believe Herb is somehow connected to TWDC and Kathleen is head of the local preservation organization, for whatever that is worth.

Disrupt IT

Herb does sit on the TWDC

Herb does sit on the TWDC Board  - but he didn't have anything to say along with some of the others  this past Thursday when it came to the Q & A segment of the meeting (end) and I ask who was the guilty party that drafted the "unauthorized" letter from the Old Tremont Block Club and submitted it to the Landmarks Commission stating that the residents were in support of having a very short section of Scranton Road made into an Historical District to appease one of the better off homeowners.

While a couple of the Board members stated that steps had been taken to insure that this type of activity would not happen again, fact of the matter is, it did and a group of low-income minorities were used to get the Emergency Ordinance Legislation to establish the Historic District before the Landmarks Commission.  The co-chair of the Scranton/Castle Block Club recentle wrote a letter to TWDC and Mr. Kaiser firmly stating that not only did they not suppoprt the Historic District but that they absolutely did not write the letter of support to the Commission.

It looks like there should be some consequences for writing a fraudulent letter on behalf of anybody especially from  inside the staff and leadership of a Community Organization.  It's a good thing that they can assure this will not happen again, but leave one to wonder how many other projects, etc., have been influenced by fraudulent/unauthorized correspondence? 

Guy was also present and taped the dialogue going back and forth - but no one would cough up the culprit - I guess sweeping it under the rug is status quo.

 

 

 

Disappointed-not surprised

The PD fails to pick up this abuse of power story---although they are recognizing the

gross incompetencies and possible criminal behavior in the Community Development Department.

Stay tuned here for the real news.

"Cleveland's inquiry into Afford-a-Home mess..."

I was very encouraged by that editorial - seems like the PD is getting ready to let loose on City Hall... just in time for elections.

Disrupt IT

Tom Bell Case - shows extent of MCE

I am sure that Tom Bell does not want to be a poster child, but PLEASE media outlets.:

Take a look at this convoluted case.  Sift through the details above. 

 

You will find local government officials who have worked to change state laws and to affect local laws, creating a system for stealing property from individuals and violating civil rights through selective sales and prosecution of tax liens, condemnation and demolitions--asystem that is headed for a crash--not unlike the unregulated vulture-driven foreclosuremarket created in bundling mortgage-backed securities.

 

 

There have been many cases of this massive criminal enterprise at work - most not accounted for - African American families who have lost their homes like Freddy Doe.  At REALNEO - probably the best documentation of the process occurred for Tom Bell, who successfully challenged  the City of Cleveland's attempt to condemn and demolish his property in Tremont.  Desirree Schmitt endured a similar hell.   This all sanctioned by the CDC in Tremont. 

Due process (lack of) required reading

 The attachments, especially realneo.us/system/files/14114394682_tom_bell_federal_court.pdf is quite illuminating about what is going on and how people can be trampled on. Read the affidavit that the inspector wrote out for the search warrant, and the lack of real attempts to notify the owner.  This is near the end of the file as an exhibit. The whole process of warrants needs to be reviewed, because there are so many now as the Court is signing hundreds. The warrant in necessary as citizens have basic constitutional rights, and the Court must ensure that the information given to them on the affidavits is reliable.  

I am glad that Tom Bell has the resources to bring this to the light of day.

photo of Tom Bell's house

immediately after the search warrant was executed.  There is obviously no threat to the community with this house. (Green House) 

Typical bullying behavior by TWDC and inspector lies that were sworn to in the affidavit.

green20house200014e2.jpg

PLEASE resize this

 Would you resize this? I can not even read the comments. It is too much effort.

I took it out of the table

It was in a table format - is this better?

Disrupt IT

much better

 thanks, Norm.

Thanks Guy! Wow

  "When I despair, I remember that all through history the way of truth and love has always won. There have been tyrants and murderers, and for a time they seem invincible, but in the end, they always fall — think of it, always." - Mahatma Gandhi

BTW, Polster is the federal judge who also recently threw out the challenge to the CMSD Transformation Plan brought by residents, taxpayers and parents. 

Guy--you will have to show me some of your tricks--I have to work on my legal research skills :) 

I believe dismissal w/o prejudice means it will not be remanded back to Cuyahoga County Common Pleas Court, but I am not sure--will someone clarify?

Also--did, will Tom Bell receive compensatory damages payout??  I sure hope so--$25,000 and attorney fees seems like small compensation for what Tom Bell, Desiree Schmidt and Frank Giglio, and no doubt, many others--especially in the forgotten triangle aka Opportunity Corridor have endured at the hands of the City of Cleveland Building and Housing department.

http://realneo.us/system/files/14114394682_tom_bell_federal_court.pdf

http://realneo.us/system/files/14114394681_tom_bell_federal_court_2.pdf

(Norm--Crowther is on TWDC board of trustees--part of planned Wellness Center project rumored for Grace Hospital property)

 


 

dismissed without prejudice

means the case can be refiled.  With prejudice means the case is over and can not be refiled.

setteled, then dismissed

 I now hear that a settlement was reached, so that is why it was "mutually dismissed".

What disturbs me the most, is that the search warrant is the point that allows the condemnation process to roll, and in this case, it so clearly was based on faulty information, bad information, what ever you want to call it. If the search warrant had not been signed off, the inside inspection would not have occurred, then the demolition process that gives only 30 days from beginning to end, without intervention, would not have occurred. How could this property be a threat to the community? How could it be such a threat that that it is an emergency?

Search warrant

If you scroll through the document
http://realneo.us/system/files/14114394682_tom_bell_federal_court.pdf

to the bottom--the search warrant is attached and signed by Housing Court Judge Raymond Pianka on November 13, 2008, but the search warrant return is not signed, because inspector Stephanie Larkins did not make an adequate attempt to contact the property owner Tom Bell.  I have not lived in Tremont for over ten years, but even I know that the adjacent Flying Monkey Pub is owned and managed by Tom Bell.  Surely, the housing inspector was also privy to this information.

Also, the forgoing "facts" she outlines on October 22, 2008 in her request for a search warrant are insane and would describe almost any house in Cleveland.

forgoing facts for warrant are insane

mcshane, I so agree to your statement, and this has to stop. The Judge has to be able to trust that the sworn information that he is given for warrants is true. The trust can not be there, given this example. I believe that this is the same as Desiree's case, where she also was not contacted. A warrant to enter a home is a serious matter, and rights can easily be violated if the sworn information is faulty or a lie. 

Then there is the march to demolition by B & H. That would not have happened in this case if the inspector had be correct or truthful.

AND WHY DOES IT BECOME AN EMERGENCY???? WHY 30 DAYS? Yes, I am yelling.

Search warrant,,, strangest of all......

Attached is part of an e-mail that I received regarding some search warrants that were issued in Tremont:

Wednesday, December 17, 2008 2:57 PM

Hi Lily,
Thank you for your help and input.  I spent some time at City Hall today looking for the man in charge of demolition.  He was out in the field.  I did spend time with the inspector, Stephanie Larkin and she chatted with Tony Cobb of B&H appeals.  They both said the same thing you did...  never in their experience and years in B & H have they seen this...

_______________________________________________

I find this comment extremely odd since Stephanie Larkin's name was listed as the inspector on the sworn affidavit seekng the search warrant.

So what is really going on in Tremont with the housing bullying?

 

Forwarding this post

  I am forwarding this original post and comments to the the Plain Dealer...
I think that it certainly warrants follow-up.  Let's see how well our local paper decides to cover this proceeding.

 

Send it to Scene and the NYTimes

Michael Gill and Lisa Chamberlan have been following realNEO for years... perhaps they may follow-up from realNEO on this, if they are still there...

Disrupt IT

Tremont Abuse

Scene Magazine previously wrote the following story about Tom Bell and Desiree Schmidt:

My House, Out Of The Ordinary 

Tremont Homeowners Among First To Feel The Squeeze From A City Trying To Save Itself

Ever since her father put a paint brush in her hand when she was 5, Desiree Schmitt has fancied herself a handy kind of person. So six years ago, she plunked down $7,500 on the dilapidated but historic behemoth at 714 College Avenue. The equally worn house out back came with the package. Her plan: Put a lot of time and money into turning some North Tremont eyesores into a storefront home and a rental. She's still waiting for the payoff.

Copper thieves stripped the front house, she says, "and every tool I've ever owned was stolen and replaced twice. Every time I took a step forward, people would knock me three steps back."

Just last November - some $200,000 later - she finished the front house, complete with a charming little storefront doll shop and a high-ceilinged apartment for herself, surrounded by two smaller already-occupied rental units. She had planned to start on the back lot in the spring - a job estimated to cost another $100,000. But that's not soon enough for the city.

Schmitt's properties were some of the first targeted by Tremont West Development Corp.'s recently intensified code-enforcement blitz. It's going on in other parts of the city, but the aggressive approach employed by Tremont West has drawn the most ire, leading into an annual meeting Thursday, January 29, that has several low-income residents lining up for seven up-for-grabs trustee seats.

No sooner had Schmitt finished her first property when a search warrant was performed on her back house. Days later, the house was declared a public nuisance with a long list of violations. She'd never received a complaint from the city, but now she was being told to make the repairs within a month or watch the house fall.

"This is a nice little piece of history being salvaged," says 39-year-old Schmitt, on a quick break from running her Tremont-based business, Southside Cleaners & Concierge. "Nobody's more motivated than me to get it done. But I'm only one person."

The only way she could keep the demo from happening, city leaders told her, was to appeal to the Board of Building Standards. Her appeal hearing is coming soon, and she was assured that the city won't tear down the house until the process plays itself out. But she isn't happy to be targeted so suddenly and after so much work.

"It seems like due process is not even existent here," she says. At a recent meeting of Tremont West's housing committee, she told members who've compiled a list of homes slated for aggressive revamp, "I'm downtown trying to figure out how to stop this, when just around the corner from me, there's an absentee homeowner who's speculating and wants way more than market value for a house that's falling over. There's literally a hole in the side of the house and the neighbors are all upset."

Oh, that one's in our sights too, she was told.

Tom Bell was incensed enough to file a lawsuit against the city, Tremont West and their agents in December. The developer and owner of the Flying Monkey won't talk to Scene, on advice from his attorney, but in a letter dated before his appeal was filed, Bell was reaching out for any help he could find in preserving a residential property adjacent to his Jefferson Avenue pub. He'd planned on revamping it after a new parking lot got laid on the other side of the bar. And then the same thing that happened to Schmitt happened to him: "From 'zero' [complaints] to 'demo' in one fell swoop," he wrote, complaining of "a complete and flagrant absence of due process, not to mention possible issues of capricious and arbitrary enforcement."

Bell says the property is valued at about $100,000 but would be worth about $50,000 without the house. He doesn't deny that it needs work. But it looks fine from the road, just another house on a could-be-better Cleveland street. Some suspect that by targeting him, Tremont West might have gone fishing for needed parking spaces for a neighborhood that's become a magnet for restaurant patrons and gallery visitors. Others think the agency is just trying spruce up another long-delayed development now underway. But everyone seems to agree that Tremont must be saved, but which Tremont? The working-class scrapper? Or the trendy drinking buddy?

Staring down Bell's property on a recent stroll, Schmitt shakes her head: "The more I talk about it, the more I get mad and think that I should have gotten in on that lawsuit."

That malaise pocks the community, one that's trying to hold back a tide of blight that's washed over so many other Cleveland neighborhoods.

"More than 50 percent of the residents here live below poverty, and there's nothing [said about] how to help them come out of poverty," says 58-year-old Jerlene Justus, who lives with her mother on West 7th and believes Tremont West should focus more on its historic mission as a social-service organization. "The situation, it's basically: Push them out. But some of these people, they have to make a decision about whether they're going to put food on their table or keep heat on or build a new roof."

Cleveland Municipal Housing Court Judge Raymond Pianka says that as much as $25 million in extra federal dollars is expected to trickle into Cleveland soon, geared toward demolition, repair and hiring extra code-enforcement officers. Some think Tremont West is positioning itself with as much vacant land as possible for when that windfall comes.

"This is a perfect storm for rapid gentrification," says Debra Weita, an artist, Tremont West watchdog and master's student in urban planning at Cleveland State. "With federal funds coming for the foreclosure crisis, this stepped-up housing-code enforcement and the fact that no programs are available for residents [who] might not be bankable, there's nothing right now. Nothing."

And if the maneuvering that frazzled Bell and Schmitt is employed in a more widespread way, Tremont West might just end up with some extra lots to redevelop and add to its still-profitable list of new properties for sale. "They're trying to take a lot of different properties from poorer people over there and develop them," theorizes Lily Miller, a housing advocate who spent 11 years working with Pianka. "I've never heard of anything like this in my life. I believe it's criminal and, if nothing else, immoral and unethical."

But in case you missed it, planners and city leaders note, Cleveland's in the middle of a housing crisis. The bright spot is that there are some areas where redevelopment is still a profitable endeavor. Like Tremont. Tremont West is one of six CDCs recently chosen to take part in a "strategic investment initiative" (SII) under the auspices of Cleveland Progress Inc., a foundation-supported organization tasked with helping CDCs shine. The SII, according to Cleveland Progress' website, "aims to restore private markets, including real estate, in a select number of Cleveland neighborhoods which have undergone previous decline but show potential to 'recover'."

Model blocks, like those surrounding Tremont's finally moving Gospel Press redevelopment which encompasses Schmitt and Bell's properties, are selected for targeted enforcement.

A code enforcement subcommittee at Tremont West has created a list of 77 code-breaking properties. Working with the blitz is Ron O'Leary, the city's assistant director of building and housing, who told residents at the recent housing committee meeting that he understands what some residents are up against and also how much more is at stake now: "[In] some other areas of the city that are more distressed, it makes more sense to probably look much more favorably on [demolishing] than trying to rehab. But Tremont is one of the more stable parts of the city." Still, he conceded, "the number of people without the resources to fix their code issues is much more substantial in the city than in the suburbs."

So those with credit are expected to take out low-interest loans to fix their properties, even though it adds another bill to their mounting frustration. And those who don't have credit or savings to tap face the prospect of becoming yet another lower-income resident of Tremont to surrender to gentrification.

Councilman Joe Cimperman, whose Ward 13 encompasses much of Tremont, says some parts of the city have so many absentee landlords that the only logical tactic to curb blight is an aggressive demolition program. The city is performing more demos now than ever before, he notes, up from 200 to about 1,000 last year.

But in Tremont, a different tack is needed, says Cimperman. A recent effort to visit homes with housing violations, to point homeowners to programs that could help them afford repairs, yielded a startling encounter: an elderly man from Poland, living in his own urine and starving to death. The exterior looked fine, Cimperman says, "but he still was living in a house not fit for an animal. Nobody wants to see anybody go through demolition, but a lot of times the whole process makes people reach out to other people. It's a fine balance."

Upstanding citizens like Schmitt and Bell will likely be granted the time they need to do what they need to do, predicts Cimperman, and "people like the landlord of that Polish guy need to be locked up and have the key thrown away."

Sammy Catania, who relinquished his post as president of Tremont West's board to head up its SII, says the program is "bringing people to the table that need to be there."

He disagrees with those who characterize Tremont West's approach as "aggressive": "It's a concerned approach. When they started looking at code enforcement, maybe they overdid it. We have to look at it and say, 'Let's look and see where we can help and where we can't.' … It's a hard issue in this economy, but the intent of the program is not to disenfranchise anyone. The intent is to keep a good cognitive wellness in the neighborhood, a good housing stock at all income levels."

According to a study by vacancy experts commissioned in 2005 by Neighborhood Progress ("Cleveland at a Crossroads: Turning Abandonment into Opportunity" at clevelandhousingcourt.org/hc_rd_a.html), preserving neighborhoods like Tremont is imperative. And so is preserving the population that lives there. "In spite of the fact that Cleveland has a plethora of repair and rehabilitation programs, respondents noted that there were still insufficient home-repair resources for responsible owners who are seeking to hold onto and maintain their properties, particularly in cases where owners have limited income or marginal credit. Changing the ground rules for private property owners is long overdue, and should include targeting problem properties and their owners for enforcement while at the same time building a support system to prevent abandonment."

"It's tough in these times now," admits Catania. "But we must try to move forward. There's no Ozzie-and-Harriet world. Urban redevelopment requires constant interplay between all parties. And all must be present and participating. It doesn't have to be a fight. It has to come to a level of understanding and compromise."

Pianka spends his days trying to make that sound more realistic. "I see many people with a great plan with no money to fund the plan, and they have purchased more properties than can possibly be maintained or repaired," he says. "I had someone today with 14 properties, and they can't afford to repair them. Well, why do you own them?"

He believes every neighborhood should have the comprehensive approach that Tremont and the five other SII communities are now implementing. But you have to start somewhere.

If just the right amount of pressure can be applied in just the right places, Pianka believes new views will start to emerge all across the city. "Many times," he says, "the stories of neighborhoods are written by people who saved neighborhoods by saving buildings, by bringing properties back and doing everything possible."

Whether they could afford to or not.

realNEO seems to have an exclusive on the truth in town...

Whether they could afford to or not... Scene softballed this... almost reads like the PD.

What was the date of this puff-piece?

Is this when Scene sold out?

realNEO seems to have an exclusive on the truth in town...

Disrupt IT

Really, this was a gift for all the bad guys.

I found it - post Giglio demo, of course..

This Scene softball was published January 27, 2009 - 10 weeks after Frank's house was demo'd - it would be impossible to write about TWDC at that time without writing about Frank, unless told not to write about Frank. Really, this was a gift for all the bad guys.

Very disappointing.

Disrupt IT

Scene story dated January 27, 2009

Scene needs Mike Gill to work on this story.  He is the best.  I am hoping that he will do a follow up on Frank Giglio as I have spoken to Gill and Frank Lewis recently to give them some updates on Frank.

 

Judge Pianka

Judge Pianka needs to hold this inspector accountable to his court.  Judge Pianka seems to try to do things right. Both the Judge and the public trust (not to mention the US constitution) were abused. Whomever the inspector reports to also needs to be held to count before the court. This is more than checking the wrong box, because once Bell knew what was going on, the house was already on the list for demolition.

Judge Pianka

I am positive that Pianka will never allow this to happen again.

TWDC has their own rules and laws.  Just reading the lawsuit should prove the unfair and bullying treatment handed out in the Tremont area.  Brutal.  it should also further prove the unfair treatment of Frank Giglio.

 Hopefully the awareness will put an end to their tactics.

Finding fault--Housing Court etc.

Lily--I am concerned about this case and the many unreported similar cases for several reasons--

--the arbitrary and capricious nature of the "emergency" violations that warranted a search warrant
--the issue of the search warrant based on an "inability" to locate the owner
--the thirty days given to rectify the "emergency"
--the absolute power vested in these code enforcement officers
--and the lack of due process and appeal available to property owners w/o resorting to a lawsuit

As Angel has shown--there has been precedent to award damages for wrongful condemnation and demolition of property in Cleveland.
I would like to see a review of past search warrants issued by Housing Court to determine what typically constitutes just cause to
search a person's property.  And, just how many of these search warrants resulted in a condemnation/demolition?

I am not an attorney and I don't speak attorney-speak, I just want a problem to be fixed to avoid future anguish for
taxpaying residents in the City of Cleveland.
This system is obviously broken and
I think that it warrants a complete federal investigation.

I have been concerned about this since day one,,

My old blog dated December 2008:

Frank Giglio Tremont


Submitted by lmiller on December 17, 2008 - 12:18pm.
green20house200014e2.jpg

FYI:  A homeowner/business owner in Tremont filed a lawsuit yesterday  against Tremont West Development, City of Cleveland, and others for searching, boarding, condemning and threatening to demolish his home. He went from zero violations to condemnation/demolition threat within a 30 day period.  He was never afforded an opportunity to defend himself in court.  The attached picture should prove to everyone that there were absolutely no conditions on the exterior of the home that would warrant a search warrant, condemnation and demolition threat.  The photo was taken right after the search warrant was excuted. Fortunately, he was able to hire an attorney and the case is pending in Federal Court. 

There is also another business/homeowner in Tremont that is facing the exact sitution.  Zero violations to demo list within 30 days.  One of her beautiful properties is already pictured on "Tremont Capitalism". Please  call me at 216 386-6546 if you have any information regarding other homeowners with search warrants, condemnation or demolition issues, especially in the Tremont area. 

 _____________________________________________

I have been concerned about this since first learning of what was happening in Tremont.  I am glad that folks are now understanding what I have been saying for well over one year.

Searching one's home is very serious, especially if there is no valid reason for the search.  Peeling paint, loose gutters, etc., is NOT reason to search someone's home.

Search warrants are only supposed to be issued if there is a serious threat to the community regarding serious health, safety, fire hazards, etc.

One of the requirements for search warrants is that the inspector is first required to seek permission from the owner to inspect prior to the search warrant  being issued.

Photos of the property in queston are also supposed to be attached to the inspector's sworn affidavit.

I spoke to both Tom Bell and Desiree Schmidt right after the search warrants were executed.  Both Tom and Desiree stated that the inspectors never contacted them requesting permission to do an interior inspection.  Both of them are active in their community and both have businesses in Tremont.  They are very easy to locate to request permission to inspect prior to the search.  NO permission was ever requested.

There are other properties in Tremont with the exact same circumstances.  Always in Tremont.

One of the major problems is the CDCs hiring inspectors to inspect their neighborhoods.  Major conflict of interest.  We already have building and housing inspectors that are supposed to be inspecting properties.  Why waste tax dollars on hiring additional inspectors with conflicts of interest.

The CDCs target the homeowners and then often end up buying the property for next to nothing.  As one lady told me, how can they expect a homeowner to relocate when all they received was $5,000.

Then the targeted properties are often sold or given to developers for less than what the CDC paid for the home, and in some cases free. I have approximately 50 examples (and documented proof) of developers receiving land for free, nearly free, or for less than what the CDC paid for the property.

Then the home is sold approximately six months later for at least $100,000 more than the purchase price.

 For example:

1.  2447 West 5th Street, parcel # 004 19 147, on 3-20-01 went from Landbank to TWDC for $0.  On 4-30-01, TWDC sold to Rysar Properties for $5,000. On 11-15-01, Rysar properties sold for $152,900

2.  2474 West 5th Street, parcel # 004 19 102, sold to TWDC for $1,500.  on 12-7-01 TWDC sold to Rysar Properties for $0.  On 5-24-02, Rysar sold for $149,900

3.  2469 West 5th Street, parcel # 004 19 103, 2472 West 5th Street, sold to TWDC for $1,000 on 9-5-00.  on 12-7-01, TWDC sold to Rysar for $0.  On 6-10-02, Rysar sold for $153,700

4.  2469 West 5th Street, parcel # 004 19 155, TWDC bought for $12,200. On 6-29-01, TWDC sold to Rysar for $5,000.  On 2-13-02, Rysar sold for $170,800

5.  2449 West 5th Street, parcel # 004 19 148.  TWDC bought for $7,500,  sold to Rysar for $5,000 on 2-20-01.  ON 7-13-01, Rysar sold for $139,900

6.  2459 West 5th Street, parcel # 004 19 152.  TWDC bought for $12,200 on 11-3-00, sold to Rysar for $5,000 on 3-5-01.  Rysar sold for $145,900 on 9-26-01.

7.  2467 West 5th Street, parcel # 004 19 154, sold to TWDC for $12,200 on 11-3-00, sold to Rysar for $5,000 on 8-2-01.  Rysar sold for $149,100 on 12-31-01.

8.  2471 West 5th Street, parcel # 004 19 156, TWDC bought for $6,500 on 1-5-00, sold to Rysar for $5,000 on 10-9-01.  On 1-10-02, Rysar sold for $160,500

I could go on and on,........

but we all know about RYSAR PROPERTIES:

 

Rysar president Ken Lurie employs two men who pleaded guilty in a HUD scam.
 
ResCom's office manager, Vince Ruggieri, and property manager, Ed Tekieli, both pleaded guilty to abetting the HUD scam. The men were sentenced to two years of probation, forced to pay fines, and barred from contracting with HUD for a year.
 

Ruggieri, meanwhile, is chief operating officer for the biggest home builder in Cleveland, and Tekieli is his sales director. Their company, Rysar, has collected more than $16 million in loans and grants from HUD, along with at least $13.6 million in loans from the city.

Rysar's specialty is selling affordable inner-city homes. Lately, complaints about Rysar's construction have started to sound eerily familiar.

Rysar's specialty is selling affordable inner-city homes. Lately, complaints about Rysar's construction have started to sound eerily familiar.

Carolyn Smalls paid $83,000 for a three-bedroom house renovated by Rysar four years ago. It sounded like a good deal. But a year after she moved in -- just when her warranty ran out -- her brand-new roof started leaking. When workers from Cleveland Housing Network came to install new insulation, she says, they discovered rotting wood in the rafters.

"The stuff that [Rysar] put in is not holding up," Smalls says. "I love my house, but I hate what I had to go through to get it."

 
Rysar's most ambitious project is in Central, where it's building more than 400 new houses through a federally subsidized housing program. Homes in the Villages of Central sell for $100,000 to $200,000, and feature suburban-style perks. The problem, residents say, is in their craftsmanship.

Sinking porch steps, slanted driveways, and yards that sink around foundations are common complaints in homes that are just three or four years old. According to several builders, Rysar failed to follow basic rules of the trade.

At least 22 residents signed a petition last year complaining about construction mistakes. One resident, Ruth Crowder, has sued Rysar, accusing the developer of poor craftsmanship and fraud.

Rysar president Ken Lurie has vehemently denied the claims. But others allege that the company is using unskilled workers -- just as ResCom did.

Rysar Properties, which does not have a business relationship with Cresthaven, also had foreclosure numbers on Afford-A-Home sales that company President Ken Lurie acknowledged were "astonishing."

Records show that 73 of the 185 homes Rysar sold with city help have had a foreclosure filing, a rate of more than 39 percent.

"It's indicative of the people who are buying from us," Lurie said. "It's not because we did something wrong."

Posted by catchfive
December 13, 2009, 7:48AM
PD, why stop here? What goes on with the city's housing loan and finance center -- Department of Community Development?
And the Dept. of Community Development and the neighborhood nonprofit housing groups like the Ohio City Near West Development Corporation?
 
Is there a financial relationship between that housing group and Ken Lurie?
 

 

CDC inspectors?

One of the major problems is the CDCs hiring inspectors to inspect their neighborhoods.  Major conflict of interest.  We already have building and housing inspectors that are supposed to be inspecting properties.  Why waste tax dollars on hiring additional inspectors with conflicts of interest.

Good question....

lmchane,,, I have edited that comment

please read it again

Lily, your updated old posting

 Lily, your updated old posting shows great information on the property transfers. Wow! Question : is this your posting or catchfive?

Dwebb

It is my posting.  Something that I have been working on for months.  I was going to wait until I finished,but it seems like it is good timing to put some of it out now. 

The very last comment is from "Catchfive" and a comment that I copied from a PD article awhile back. 

Rysar

Maybe put a qualifier where you update it as this is really important information that is too easy to miss as it look (first glance) like a repost. I missed it the first couple of times.

Do you know if any of these properties went through the inspection/citation/etc process? If not, I can research a couple of them as I have free time this week. I just don't want to duplicate if you have done this.

I can't edit the comment

since someone posted a reply.

I have more addresses and other info that I am working on.  I have not researched all of the properties to verify if they had violations or not.  I still have a lot of work to do on this, but I wanted to add some of it to this blog since it is relative to housing issues and conflicts of interest.

I should be finished with this in another couple of weeks, hopefully.

If you notice all of the properties that I listed, they all had a turn around time of approximately six months.  Nice profit to repeatedly make.

Rysar properties from TWDC

Yes, I did notice the turnaround time and profit. I also notices that TWDC sold them to Rysar for less than they paid for them. What sort of pass through is going on here?

I am not clear on how a non profit is able to flip profits for a large for profit developer, legally or ethically. Was this vacant  land where they quickly threw up  (no pun) new construction? I will do a tour to answer this question about new construction.

 

not sure

I drove by some of the properties, but have to look through my notes.

There were several more than what  I have listed. 

 I am not sure if  I listed this one,

2471 West 5th Street, parcel # 004 19 156,  sold to TWDC for $6,500 on 1-5-00.  TWDC sold to Rysar for $5,000 on 10-9-01.  On 1-10-02 - three months later- Rysar sold for $160,500.

Most be some fast house building if they were able to build a new home in three months- during the winter.

 

26 new houses

 26 new houses were built near me via Ohio CIty-Near West around the time that Rysar built these on W. 5th. The construction happened in all sorts of weather. Owners are now complaining of problems with shoddy construction but the builder went bankrupt, so they do not have any recourse. The new owners were turning over fast at first due to the neighborhood, and trying to sell them for $190-200, 000. Even in a good housing market situation, they are now out of luck as it hard to hide shoddy work after a while.

Ken Lurie

of Rysar Properties.

Run his name in the County Clerk of Courts.  Lots of lawsuits and I recall reading somewhere, it is in my notes somewhere, that this company defaulted on several loans owed to the city. 

The city is out hundreds of thousands from what I recall.

brick town houses

I think the properties on West 5th were new brick townhouses, but I am not sure.  Just wondering why TWDC would sell, or give , the propertes to a for profit company for less than what they paid.

Why would they waste tax payer's money to benefit a for profit company?

A for profit company that has a very shady past........

Ken Lurie civil cases......

Displaying 1 thru 20 (out of 46) matching your search criteria.
Name Address Role Case Number
LURIE KEN 4317 CHESTER AVENUE D CV-00-423436
LURIE KEN 4317 CHESTER AVENUE D CV-01-439423
LURIE KEN 4317 CHESTER AVE D CV-06-595948
LURIE KEN 4317 CHESTER AVE D CV-07-635515
LURIE KEN SERVE AGC CO AGENT STAT AGENT D CV-07-634720
LURIE KEN INDIVIDUALLY 4317 CHESTER AVENUE D CV-99-398234
LURIE KENNETH 3900 BEECHMONT OVAL D CV-92-232346
LURIE KENNETH 3091 MAYFIELD RD D CV-93-254604
LURIE KENNETH 3900 BEECHMONT OVAL D CV-93-258351
LURIE KENNETH 4317 CHESTER AVENUE D CV-05-552390
LURIE KENNETH 4317 CHESTER AVENUE D CV-05-559305
LURIE KENNETH 4317 CHESTER AVE. P CV-06-591943
LURIE KENNETH 4313 CHESTER AVENUE D CV-07-639064
LURIE KENNETH 3900 BEECHMONT TRAIL D CV-08-652354
LURIE KENNETH 3900 BEECHMONT TRAIL DT JL-08-321511
LURIE KENNETH 3900 BEACHMONT OVAL DT JL-08-332260
LURIE KENNETH 3900 BEACHMONT OVAL DT JL-08-332261
LURIE KENNETH 3900 BEECHMONT OVAL D CV-08-664060
LURIE KENNETH 3900 BEECHMONT OVAL DT JL-08-335704
LURIE KENNETH 3900 BEACHMONT OVAL

Ken Lurie more civil cases

LURIE KENNETH 3900 BEACHMONT OVAL D CV-08-662361
LURIE KENNETH 3900 BEACHMONT OVAL D CV-08-669331
LURIE KENNETH 3900 BEACHMONT OVAL DT JL-08-340349
LURIE KENNETH 3900 BEACHMONT OVAL D CV-08-668764
LURIE KENNETH 4317 CHESTER AVENUE D CV-08-680620
LURIE KENNETH 2780 CHESTERTON ROAD D CV-09-687839
LURIE KENNETH 4317 CHESTER AVE D CV-09-688493
LURIE KENNETH 4317 CHESTER AVE DT JL-09-366580
LURIE KENNETH 3900 BEECHMONT OVAL DT JL-08-352014
LURIE KENNETH 3900 BEECHMONT OVAL DT JL-08-352013
LURIE KENNETH 3900 BEECHMONT OVAL DT JL-08-352015
LURIE KENNETH 3900 BEECHMONT OVAL DT JL-08-352016
LURIE KENNETH 3800 BEECHMONT OVAL DT JL-08-352012
LURIE KENNETH 2780 CHESTERTON RD D CV-09-713872
LURIE KENNETH 2780 CHESTERTON RD DT JL-10-399844
LURIE KENNETH J. 3900 BEACHMONT OVAL D CV-08-678268
LURIE KENNETH J. % RYSAR PROPERTIES INC D CV-08-678268
LURIE KENNETH J. % RYSAR PROPERTIES INC D CV-09-689955
LURIE KENNETH S 4317 CHESTER AVE D CV-05-558342
LURIE KENNETH S 17607 WILDWOOD LANE D CV-07-612842
73 Page 2  48

a list of warrants

from the housing court site  www.clevelandhousingcourt.org/hc_wc_p.pdf.

It is possible that Housing Court is being misused? Hundreds of search warrants are signed.  How many are denied? It is a busy court. The Judge  is given sworn affidavits. Maybe the sheer number of warrants, though, is a clue that the system is being abused. Regardless, it needs to stop.

laura go to the federal court site join pacer -the copies co

laura  go federal court site  and join "pacer"   the copies co. that ones pays 8cents a copy - with billing or credit cars - its not the easiest site to navigate so keep reading and you'll get it if your like me - lilly joined and requested i get the tom bell stuff because of the site is confusing - it may have been intenational - knowledge is power - so make it difficult to get the  court doucuments - knowledge - also which will sign up for - one can get the copies for free as an organization like quest ministries or realneo coop etc. - as i skim read that part- one can have the documents sent by post office or down load

yogi and guy http://www.nationalwardogsmonument.org/

Guy

Thank you for getting this Guy.  I asked you a week or two ago, but thought you forgot.  One day maybe you can sit down with me and show me how to look up cases.  I am working on Safeguard Properties, but can not figure out how to find the documents.

Thanks again

city wide problem

 The "inspection", search warrant and take over or demo of housing is happening all over this city. We have focused on Tremont because we in the realneo community are lucky to have vocal folks in the Tremont area who shout out the injustice on this site. Just imagine those people all over the city who are having this happen to them, and they don't have a voice because they have not yet found realneo.

lots of problems

and I am researching all areas.  Just extremely time consuming, more than a full time job.

foreclosure in Cleveland vs other US cities

 Today's NYTimes has two interesting other options

Local San Jose realtors are running ads in newspapers in China and India telling potential immigrants to “buy a home” in her Lynbrook school district because it produced “two Intel science winners.”

Working with borrowed money, Boston Community Capital buys homes after foreclosure and sells or rents them to their previous owners, providing new mortgages and counseling to the owners, who typically have ruined credit. During the process the families remain in their homes. 

Why isn't Cleveland working to keep people in their homes and working to attract immigrants to the city/region? OK, granted maybe the CMSD isn't ready to produce Intel Science winners, but parents in immigrant families can find work here and their children have options for education beyond a still struggling city school system. 

It just seems that our city and county are determined to wipe out neighborhoods some days. I know, for those of you working on this researching day and night, it must seem like a science fiction novel where a demolition virus has taken over. But this is not unlike the Port Authority's wild-assed dreams of building a huge new port on dredged material and other landfill in 20 years. Community activists had to shake them to get them to even look at alternative solutions for the dredge. Can we get the city to consider alterntives to moving people out?

  

  

The Port Authority is our Appointed Leadership

The Port Authority is our Appointed Leadership - appointed by the same elected "leaders" who are our environmental leadership.

How may they be allowed to have "wild-ass dreams" - and why don't we address pollution here?

I am moving away from their pollution, which I believe is why most people actually leave Cleveland, and nobody will admit that.

Disrupt IT

where are you going?

Where are you moving to, Norm? Have you decided on a place? How did the conference in Austin go? I hear that's a cool place and I visited that area of Texas once - well, San Marcos, which is outside Austin. It was beautiful in May. 

Where the air is cleaner

We're not going to live near a powerplant so that is decided for us... we have to move.

If we get the support we expect from the region, my family will map the environmental hazards in NEO for real and move as far from them as we may afford.

My daughter lives in Austin now and I've lived there and know and like it - but we're going to be open to Cuyahoga and any other region - you can find a safe place to live just about anywhere.

I'll certainly keep you posted.

Disrupt IT

challenging people to think differently

You make excellent points, Susan. We are in a brain freeze in Cleveland, build new or demo old being the two options. People are too accepting of having the options handed to them, and if people don't actively engage and cast some other options out there, we will remain a two option town. 

32% of Cleveland's mortgaged homes

Cleveland makes the top ten list again. This is from America's Most Underwater Housing Markets by Luke Mullins (read more)

 "9. Cleveland

Home prices in Cleveland increased 13 percent from 2002 to 2006 but then fell nearly 16 percent through the third quarter of 2009. "There was a little bit of overinvestment in housing, and the economy started weakening," says Celia Chen of Moody's Economy.com. "[Cleveland] entered recession before the rest of the U.S., and I think weak economic conditions have pulled down home prices." Exposure to subprime lending has also played a role in the real estate market's decline. Roughly 32 percent of single-family home mortgages were underwater as of the fourth quarter of last year, according to Zillow."