HomeMy WebLinkAboutHDC1994-007 SD Litigation Service Of Process Form 02/16/1995DATE: l� A
LITIGATION
SERVICE OF PROCESS FORM
CASE NAME:
CASE NO:
DATE SERVICE ACCEPTED:
METHOD OF SERVICE:
PERSONAL:
CERTIFIED MAIL:
(Attach envelope)
OTHER:
NAME OF PERSON SERVED:
TITLE:
CITY DEPARTMENT:
CITY BOARD OR COMMISSION:
ADDITIONAL INFORMATION OR INSTRUCTIONS:
BY: Z�"a��z DATE: -2 - S
NOTE: ATTACH ALL DOCUMENTS, ENVELOPES, PLEADINGS, ETC.
PLEASE BRING THIS FORM ALONG WITH THE COMPLAINT TO THE
OFFICE OF THE CITY ATTORNEY IMMEDIATELY.
DAVID P. HENRY
HENRY LAW FIRM, P.A.
ATTORNEYS AT LANv
CANTRELL VALLEY PLAZA
2725 CANTRELL ROAD, SUITE 104
POST OFFICE BOX 7346
I.I"I"i1.F ROCK, ARKA.NSAS 72217
(501) 666-9393
February 14, 1995
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
RESTRICTED DELIVERY
Mr. Charles Nickerson
City Manager
500 W. Markham, Rm. #203
Little Rock, AR 72201
Dear Mr. Nickerson:
TELECOPIER
(501) 666-4044
OF COUNSEL
HOWARD COCKRILL
Re: Pat C. Hoy, II et al. v. Little Rock Historic District
Commission et al./Pulaski Chancery #95-840
In accordance with the Arkansas Rules of Civil Procedure,
enclosed is a Complaint with Summons which has been filed against
the Little Rock Historic District Commission. As stated in the
Summons, you have twenty (20) days in which to file a written
answer to the Complaint or a default judgment may be entered.
Sincerely,
HF TRY LAW FIRM
David P. Henry
DPH:jha
enclosures
cco Mr. & Mrs. Pat C. Hoy, II
(w/encl.)
IN THE CHANCERY CURT OF PULASKI COUNTY, ARKANSAS
blxth DIVISION
Case No. 9 5- 8 4 0
SUMMONS
Plaintiff: Pat C. Hoy, II, etal vs. Defendant: Little Rock Historic
District, etz
Plaintiffs attorney:
(Name and complete mailing address including Zip (fodel
2725 Cantrell Rd Suite 104 Little Rock AR 72217
THE STATE OF ARKANSAS TO DEFENDANT: Little Rock Historic Commission
City of Little Rock Department
of Neighborhoods & Planning
NOTICE
1 . You are hereby notified that a lawsuit has been filed against you: the relief asked is stated in the attached complaint.
2. The attached complaint will be considered admitted by you and a judgment by default may be entered against you for
the relief asked in the complaint unless you file a pleading and thereafter appear and present your defense. Your pleading
or answer must meet the following requirements:
A. It must be in writing, and otherwise comply with the Arkansas Rule of Civil Procedure.
B . It must be filed in the Chancery Clerk's Office within twenty (20) days from the day you were served with this
summons.
C. A copy of your response must be delivered or mailed with sufficient postage to the plaintiffs attorney or to the
plaintiff.
3. If you desire to be represented by an attorney you should immediately contact your attorney so that an answer can be
filed for you with the time allowed.
4. Additional notices:
WITNESS my hand and seal of the court on this February 13, 1995
STEPHEN C. SIPES
Chancery Clerk
Office of Chancery Clerk B,
401 W. Markham y
Deputy Clerk
Suite 120
Little Rock, Arkansas 72201
STATE OF ARKANSAS)
) ss
COUNTY OF PULASKI )
On this day of 19 at o'clock .M., 1 have duly served the within
summons by delivering a copy thereof (or stating the substance thereof), together with a copy of the complaint, to
such person being:
CHECK APPLICABLE SQUARE:
] the person named therein as defendant
[ ] some person residing at defendant's dwelling house or usual place of abode who is at least fourteen (14) years of
age, namely: _
[ ] the duly authorized agent for service of process for the defendant, namely:__ -
OTHER:
COSTS
SHERIFF
Service of Prosess: $ Or Authorized Agent for Service of Prosess
Mileage: $ _ _.. _ BY:
Deputy Sheriff or Deputy Agent for
TOTAL COSTS: f Service of Process
i
IN THE CIIANC ,Y COLT_.' OF
r
6th DIVISION
PAT C. HOY, II and
ANN IIOY, Isis I -life "�a-'
Z% Pslr:-=I3TIFFS
v. 1r
"T0�t
LITTLE ROCK IiISTORIC DISTRICT
COMMISSION and CITY OF LITTLE
ROCK DEPARTMENT OF NEIGHBORHOODS
& PLANNING DEFENDANTS
C01--7`LAINT
Comes the Plaintiffs, Pat C. Hoy, II and Ann IV--, e;-. ux, by
and through their counsel, the Henry T,aw Firn; P.A. , by D vid P.
Henry, and for their: Complaint, states:
1. Plaintiffs own cert,:,in real property in tthe City of
Little Rock, Pulaskl Count,,,,, Arkansas, and that said prop _°rty is
designated as a Hi toric StruclLtlre and is locatcu within a Ilis-
toric District at 1010 S. I-:ocl; ;street in th^ City of Litt - Rock,
Pulaski County, Arkansas
2. Defendant Lithe Rod.; Historic District Coi-,:nission
("Commission") is a commi-;Sion of the Ci -y of Little ?:oc]c, Arkan-
sas, designated by ordina.I^e Pur-suant to state enabl_ng lc3isla-
tion to issue certificates of appropriateness for the den: )lition
of structures within the II .:torir District, and that the Defen-
dant City of Little Rock Do artzr,':�nt of Neighborhoods & Planning -
("Department") is an adm-Ln istra'.-.,.ve dcpartment of Ci'�;T of
1
hoy. crrp
Little Rock, Arkansas, which, among other things, has the respon-
sibility for enforcement of the various codes and ordinances of
the City of Little Rock, Arkansas.
3. This action is an appeal pursuant to Ark. Code Ann.
sec. 14-172-212, appealing the denial of a decision of Defendant
Committee rendered on January 12, 1995, denying"an application by
Defendant Department for a certificate of appropriateness for the
demolition of a house located at 1006 S. Rock Street, Little
Rock, Arkansas. A copy oC the January 12, 1995 decision is at-
tached hereto as Exhibit "A" and incorporated herein by
reference.
4. Additionally, Plaintiff's seek injunctive relief requir-
ing the City of Little Rock, through Defendant Department, to en-
force its ordinances and abate the violation of same by causing
violations to be remedied in accordance with the applicable city
ordinances of the City of Little }.dock, Arkansas.
5. Further, that Defendant Commission be enjoined and/or
restrained from interfering with Defendant Department in the per-
formance of its duties in the enforcement of the codes and or-
dinances of the City of Little Rock, Arkansas, including the is-
suance of any requisite certificate of appropriateness.
6. That the property located at 1006 S. Rock Street,
Little -Rock, Arkansas, adjoins the property of Plaintiffs and ad-
joins the property of Verdie May Herbert who resides at 1000 S.
Rock Street and is the record title holder of 1006 S. Rock
2
hoy.cmp
Street. That the n?-cperty at a.UOG S. Roc': Street ('..'I- subj -ct
property) , is in an c.:trc:,v3 sta-:_e, of deterioration any,: represents
both a private and nubl. is
7. That the subject props .-ty hC.:s boon vacuiit for cz ten
(10) years, is not a significant s`Aucti: and
presents an extrc.,t^ haza-- to tb^ property of Plaintiff:.. The
property is open, unsecur_ -.1, in total disr(.,,r)air ,,:7. the ' -iprove-
ments located thcrcoz are in vca--,r cle:-Y prox.7-mity to ::he irprove-
ments located on t.e t r�7-,arty r.r I'la�.�.htifr ;: r.<u: ::� '.'�^ ��roncrty
of its owner.
8. That w � -c_ra 1 .attc-np':. by var-1o t? a g^nc ies, and in-
dividuals have be^n made to reme.'iate the cor.c•.'_'_iczhs pres,ented by
the subject property. Among sl1^111 attempts, Defendant I, `rjarti::cn-t
caused a warning notice to be issued ..on July 25, 1994, directed
to Verdie May Herbert of 1000 Rock Street indicating -that the
subject property had been inrpe�cted and that such in7,pection
revealed that the
structure i3
unsaf_e, ,:
upf�'zt for humanhabita-
tion, offensive o
the ivaicrhbc"i.
;ood a; d
is _..angercs to
persons
living in the vicinity or those lawfully A:assing by the struc-
ture. Further, the warning notice declared th^ property to be in
violation of city ordinances, that it const-ituted a nui.--;znce and
was detrimental to the plablic welfare of the citizens of the City
of Little Rock. A detailed inspection of the :subject property
3
hay. cn:p
was attached to that warning notice. A copy of the warning
notice and detailed inspection is attached hereto as Exhibits "B"
and "C" and made a part hereof b•r reference.
9. That as a result of the warning notice attached hereto
as Exhibit B, the owner of the subject property contacted repre-
sentatives of Defendant Department asking permission to have the
subject property demolished. Based upon the owner; request, an
application was made for the issuance of a certificate of ap-
propriateness for the demolition of the structure.
10. That at the meeting scheduled for the hearing of the
owners request for .the demolition of the subject property, the
owner did not appear and Defendant Commission refused to permit
public comment on the issue.
11. Thereafter, the Code Enforcement Department of the City
of Little Rock made application for a certificate of appropriate-
ness to Defendant Commission and that said application was heard
on January 12, 1995. At that r,eeting., `Mr. Jac'; Patton, Senior
Codes Enforcement Officer of -'the Code Enforcement Department
presented the City of Little Rock's case with regard to the need
for a certificate of appropriateness for "Che demolition of the
subject property. A copy of the City's application is attached
hereto as Exhibit "D" and incorporated hereof by reference.
12. At the hearing on Januz:ry 12, 1995, the City of Little
Rock also presented to Defendan!.: Commission a letter from the
State Historic Preservation Officer indicating no objection to
4
hoy.cmp
the removal of the structure considering the state of its
deterioration and the fact that rehabilitation is' not economi-
cally feasible. A copy of the letter from the Arkansas Historic
Preservation Program is attached hereto as E:.,hibit "E" and made a
part hereof.
13. That Plaintiffs have undertaken a substantial invest-
ment and have carried out extensive restoration of tXie Baer House
which is located at 1010 S. Rock Street. That the value of
Plaintiffs' property is seriously diminished and affected by the
house located at 1006 S. Rock Street.
14. Further, .in addition to the diminution in value of
Plaintiffs' property, the condition of the property located at
1006 S. Rock Street represents a fire hazard and a threat to
human life and that, in spite of the Housing Code Supervisor and
the Assistant Fire Marshal's affidavits to the effect that the
subject structure should be demolished and removed immediately to
eliminate threats to human life, Defendants. have failed to see to
the proper enforcem^_nt of their ordinances and issue the neces-
sary certificate of appropriatencss to effect a r--2solut-ion of the
immediate threat. The affidavits of Roy Settoon, Iousing Code
Supervisor, and Barry Burke, Asst. Fire Marshal, are attached
hereto as Exhibits "F" and "G", respectively, and incorporated
herein by reference.
5
hoy.cmp
15. That because of the condition of the property and the
repairs which are needed to 'ring the property to acceptable
standards as required by law, it is not economically feasible to
make said repairs or otherwise restore the house and improve-
ments. That Verdie May Herbert, the owner of the property, is of
advanced age and does no": have sufficient economic resources to
restore the property. The City of Little Rock does not have
funds allocated for the purpose of securing the property or
otherwise reducing the immediate threat to life and property
within the area.
16. That other than issuance of its June 25, 1994, warning
order and its application for a certificate of appropriateness,
Defendant Department has failed in its duty to enforce the or-
dinances of the City of Little Rock, and protect the inhabitants
of the City from the dangorous conditions represented by the
nuisance maintained at 1006 S. Rock Street.
17. That Defendant Commission has tailed lin its duty to ap-
propriately apply the law and -has placed its individual desires
to protect and renovate the property at a higher priority than
the interest of the life and health of the citizens of the City
of Little Rock. Further, the actions of Defendant Commission
have failed to recognize the property rights of adjoining
property owners, the continuing loss of value of property and the
extreme hazard represented by the subject property to the
property rights of those in the area.
6
hoy.cmp
WHEREFORE, Plaintiffs pray that Defendants be :required to
abate the nuisance represented by the improvements located at
1006 S. Rock Street in the City of Little Rock, Arkansas, requir-
ing Defendant Commission to issue the necessary certificate of
appropriateness or, in the alternative, reverse their decision
not to issue the certificate of appropriateness; and cause said
certificate to be issued, affirmatively enjoining Defendant Com-
mission from interfering with the City of Little Rock and Defen-
dant Department from abating the nuisance located at 1006 S. Rock
Street and entering its order requiring Defendant Department to
proceed with demolition.of the subject property as authorized by
law; for their costs herein expended and all other proper and
equitable relief.
Respectfully submitted,
HENRY LAW FIRM, P.A.
2725 Cantrell Rd., Suite 104
P.O. Box 7346
Little Rock, AR 72.17
(501) 666-93.93
By:
David P. Henry, No. 71041
7
hoy.cmp
I'LI TTLE ROCK
TORIC
ms
`"f! I !j!rrD ISTRA CT
January 19, 1995
u
Mr, Jack Patton
Senior Codes Enforcement Dfflccr
Department of Neighborho ds and Planning
723 West Markham
Little Rock, Arkansas 722 1
Regarding: 1006 Rock
Dear Mr, Patton:
The Littic Rock Hi
application for the demolit
no application
good and that quito alot
the rhythm of the street;
concerned about future
- Application for Demolition
Boric District Commission on January 12, 1995 denied the
)n of the structure at 1006 Rock Street,
'denied because the Commis;iori felt ibc structure's condition is
)riginal fabric is still intact, Also, the house is very ftnportant to
a along that block of Itock Street. The Commission was also
mcnanc.e of ilia vacant tot if the house were removed,
The Commission r quested that the structure be boarded and secured, and that
vegetation on the property be maintained, and a lien be pliiccd-or the property for those
costs. This request will b foi warded to tho City Manager for consideration.
If you should n
Sincerely,
A4
j,
•,
Molly Saitcrficld
Historic Preservation
MS:aa
Enclosure
723 WtsL 'Markham St're
further information, please contact me at ext. 682 L
inistrator
�l 1,
!t ' Littlo Rack, ATnnsas 72201 ' Ph -ono (501) 371.4790-
10
'94 -•-5501 a
CITY of Little Rock
Department of Neighborhoods and Planning Housing Programs
Administration and Enforcement
723 West Markham
Little Rock, Arkansas 72201
(501) 371-4849
WARNING NOTICE
Unit No. 17644 and 17645
07-25-1994
r
Verdie May Herbert
rr�
1000 Rock Street
Little Rock, AR 72202
RE: 1006 Rock, Original
City of Little Rock�,��
Block 45, South
43 feet of Lot 11
�`
••
_�
C.T. 3,Unit No.
17644 and 1764S
Dear Sir or Madam
Information obtained by our office indicates that you are
the current owner/agent of the above referenced property.
This notice will advise you that the City staff made an
inspection of the structure on the above property. The
inspection revealed that the structure is unsafe, unfit for
human habitation, offensive to the neighborhood, and it is
dangerous to persons in the vicinity or lawfully passing by
the structure. It is hereby declared to be in violation of
City ordinances. Pursuant to the authority grankted by Ark.
Code Ann. SS 14-56-203 (Michie 1'9�87), and Little Rock Ark.
Rev. Code SS 20-28 (1988) the structure has been declared by
the City to be a nuisance and detrimental to the public
welfare of the citizens of the City of Little Rock.
THIS STRUCTURE -IS LOCATED WITHIN A RECOGNIZED HISTORIC
DISTRICT OF THE'CITY. YOU MUST FIRST OBTAIN A CERTIFICATE
OF APPROPRIATENESS FROM THE LITTLE ROCK HISTORIC DISTRICT
COMMISSION BEFORE MAKING REPAIRS OR STARTING DEMOLITION A23D
'REMOVAL. INFORMATION CONCERNING THIS PROCEDURE MAY BE
OBTAINED FROM THE NEIGI-*RIIOOD i AND PLANNING OFFICE LOCATED
AT 723 WEST MARKHAM STREET. .'iltpa�xrtrrr� -
��,;` r� �Nt
• f _, 'y ��' it � ,,.
h'i h (1- B
City of Little Rock Housing Inspection Report PAGE 3
jILDING LOCATION: 1006 Rock Unit Number :
_iginal City of Little Rock 17644 and 17645
:ock 45, South 43 feet of Lot 11
.T. 3
JRTH BATHROO14
FLOORS Repair or replace all rotted, damaged,
or deteriorated flooring, sub -flooring,
and floor joists. (Sec.8-333f433 & 434)
Repair floors to be reasonably level.
(Sec.8-333,433 & 434)
Repair floors to be sound, smooth and
refinish. (Sec.8-433)
Refinish baseboard and shoe mold.
(Sec.8-333 & 433)
HALLS : Repair and refinish all wal l (s) .
'(Sec.8-433)
Install water impervious wall covering
on tub area wall(s). (Sec.8-433)
Repair or replace all damaged wall
studs and plates.--(Sec.8-333,433 & 434)
CEILINGS Repair or replace ceiling and properly
finish. (Sec.8-433)
Repair or replace all ceiling joists
damaged by water .(Sec.8-433&434)
ELECTRICAL Repair..and/or'add wiring and fixtures
as needed to comply with the electrical
code per new construction standards.
(Sec.8-405-a&b)
PLUMBING Repair or replace all plumbing and
fixture(s) to new construction
standards . (Sec.8-333 & 403a)
HEAT AND GAS Install cap on each gas riser and/or
shut-off valve when not in use.
(Sec.8-403e)
Provide adequate heating facilities.
(Sec.3-403c)
DOORS Repair or replace entry door. If
replaced must be of approved
type.(Sec.8-333&427)
_�,= City o1 Littlo Rock
m LV,d
VffqP HISTORIC DIISTRiCT COMMISSION
CERTIFICATE OF APPROPRIATENESS
1. ADDRESS OF PROPERTY:nG ��T
2. LEGAL DESCRIPTION: kJ S
3. OWNER (NAME & ADDRESS): kS P A �r
4. AGENT (NAME AND ADDRESS) :�r�t-CL?,.
5. PROJECT DESCRIPTION: j�LM01� l❑
G. CATEGORY OF CHANGE:iL— --
NOTE: To be determined by staff
7. ESTIMATED COST OF IMPROVEMENTS:
8. NOTIFICATION REQUIREMENTS: ✓ All Properties Within 150 Ft.
Adjacent Property Owners None
NOTE: Form attached; -'Notifications must be received 10 days
prior to the meeting date; proof of notification ;rust be
received by staff 2 days prior to the meeting date.
9. SUBMISSION REQUIREMENTS: Attache
10. DAT`. Or MEETING:_7�1-, 1B' ��Z- , 19`gS- r S ;00 P.I4.
11. SIGNATURE OF OWNER R AGENT: " 6—k- L__
12. DATE OF APPLICATION:L
~ Y Y -
13. ACTION: Denied Deferred ApprovedConditions_
STAFF SIGNATURE:
NOTE: Approval by the Historic District Commission does not excuse
the applicant, owner or acent from compliance with any other
applicable codes, ordinances or policies of the City of Little Rock
unless expressly stated by the Commission or its staff.
Responsibility for identifying such codes, ordinances or policies
rests with the applicant, owner or acent.
F�hibi} D
TEL:1-501-324-9184 IJov OV94 'D:55 I40.001 P-01
:Pic-UNSAS
1-11STORIC
PRESERVATION
PROCRAM
Post -It" brand fax transmittal memo 76-71 or of pages
r— r . From'rty— . ..I, ,
November 2, 1994
his. Molly Satterfield
Little Rock Historic District Commission
Planning Department
723 West Markham
Little Rock, AR 72201
RE: Pulaski County - Littic Rock
Proposed Demolition of 1006 Rock Street,
MacArthur Park Historic District
Dear Molly:
il
Phonc 1
Fax K� L
My staff has reviewed the above referenced proposal and, although our office encourages
the rehabilitation and re -use of historic structures, we understand that the house at 1006
Rock has deteriorated to such an extent that rehabilitation *and/or mothballing is not
economically feasible. We therefor; have_no objecti-vi't 'to. the removal of this structure.
If you have questions concerning this transmittal, please contact Randy Jeffcry of my staff
at (501) 324-9880.
Sincerely,
Cathy Bufor Slater
State Historic Preservation Officer
CBS:RJ:mj
15MTouer Building • 323 Ccmar & Lillie Ro.A. Arkansas 72201 • Phone 1501) 3 J-Abo
F:.; 001) 3_4.9154
A Dig ision of the Depan.ment of Arkansas Heritege
�St`
:P NOM4110City of Little Roc'
Department of Neighborlloods and Planning
vow�.t Administration and Enforcement
723 West Markham
Little Rock, Arkansas 72201-1334
(501) 371-4849
AFFIDAVIT
STATE OF ARKANSAS )
COU14TY OF PULASKI ) SS
CITY OF LITTLE ROCK)
Housing Program
I, Roy Settoon, being duly sworn depose -and state:
That I have personally inspected the structure located
at 1006.Rock on June 13,'1994 ,
and declare such to he -anuisance.
nuisance.
The- structure is severly dilapidated and has been
declared unsafe and unfit for human habitation by the
Department of Neighborhoods and Planning.
The structure .in its present condition constitutes an
immediate hazard to' the health, safety and welfare of
citizens of this community, and in my opinion, this
structure should be demolished and removed immediately to
eliminate the existing threat to human life.
tQon
ng Codds.Supervisor
Su scribed and sworn to before me this S day of
19 g Lk.
Notary Public
my commission Expires: 10-27-2002 .,ra' GOOD R°4,
� �pNl. i:1fA
MaTARy
^° PUBLIC,
f X 2T
.kl CQIa�
xH�b�k F
City of uttl® Roc(
. Fire Department 1000 W. 7th SL
LWe Rock Arka=13 7=1
371-4795
AFFIDAVIT
STATE OF ARKANSAS )
COUNTY OF PULASKI )SS
CITY OF LITTLE ROCK)
.FIRE Dtj
I, Barry A. Burke, being duly sworn, depose and state: I have
,r,or�n.,ai �r i n censar F-c►ri t}►n nt=ictura located at lfJ%l I.n .%y6r_,/11"
on this 1 rl day of 1994. This building
is severely dilapidated. in: its present condition,- the building
constitutes an immediate firo hazard to the community and is otherwise
dangerous to .human life. This building should be removed or
demolished as soon as -possible for the health, safety,. and welfare of
the 'com=unity.
eMAJ
Barry p e
Assista:at Fire Marshal
Little mock Fire Department
................... ............. ........ ........... ................................................... ..................
Subscribed and , sworn before me th4-8 day of
— MLL:L . - —, 1994.
My Commission expiras:
J