CONSTRUCTION CREWS FOR WINTER PLAZA PROJECT DAMAGE HOTEL FRISCO

Jenna DeJong / Summit Daily

An excavator being used for construction on a winter plaza ran into the side of the Hotel Frisco, going through the second-floor wall and common area on October 4th. The hotel manager determined that the hotel needed to vacate all visitors inside of the building due to the excavating construction occurring close to the building. This cost the hotel as they had to provide accommodations at nearby hotels for the residents that were evacuated. Once the visitors had been vacated, construction went back underway, and a machine operator hit the side of the hotel with the bucket of his crane.

Then an order to stop construction was made on October 5th due to the winter plaza construction crew exposing part of the Hotel Frisco’s foundation. Five truckloads of debris had to be taken away from the site after the incident. The hotel owner assumes it will take nearly the same number of trucks worth of material to fill the hole back up which will be happening within the next week.

RICHMOND LANDLORDS SUED FOR CLAIMS OF DISCRIMINATION AGAINST RENTERS

Amelia Heymann / ABC 8 News

A lawsuit has been filed against over two dozen real estate companies from the Virginia Attorney General’s Office accusing them of discrimination against tenants protected under a recent change to state law. Attorney General Mark Herring’s Office of Civil Rights has filed 13 lawsuits against 29 real estate companies in Chesterfield, Richmond, and Henrico. The lawsuit claims that these real estate companies “categorically rejected” individuals using House Choice Vouchers to pay their rent. This is the first lawsuit to arise against the new legislation that prohibits discrimination of tenants based upon income.

THIRD RHODE ISLAND LANDLORD SUED OVER LEAD-PAINT VIOLATIONS

SOFIE RUDIN / THE PUBLIC'S RADIO

From Providence, Road Island, a local real estate investment trust and two landlords have allegedly ignored orders to clean up lead paint from within their rental properties in Providence and Cranston. The children living in these properties having tested positive for elevated levels of lead in their blood. The lawsuit claims that the owner of the three-family triplex, Robert N. Riccardi, violated state laws that protect the renter from lead poising. Elaine C. Proeung and Mortgage Equity Conversion Asset Trust 2011-1, Providence property owners, were both sued in October of 2021 for the same reasons.

All lead hazards are required to be immediately rectified upon notification under the Road Island Lead Poisoning Prevention Act. The two property owners who had been sued in October bought their properties with lead violations already existing on the property. The properties were cleaned up over the summer as a court document states. The violations on Mr. Riccardi’s property were brought to light when 5 children were tested with higher levels of lead in the blood stream. Accordingly, state officials were notified, and a property inspection was triggered.

OIL CONTAMINATION/REMEDIATION: NEW YORK COURT CONSIDERS POTENTIAL LIABILITY OF INSURANCE COMPANY/ENVIRONMENTAL CONSULTANT

PBDW Architects

A New York Supreme Court addressed an October 20th decision and order of alleged damages with remediation of the oil contamination of 2011. Several property owners claimed that their land had been contaminated by oil and that the insurer and environmental consultant were liable for any additional damages that may be caused by the remediation process.

The property owners (Plaintiffs) that suffered an oil contamination on their property had an insurance claim through State Farm Insurance. State Farm used a third party to remediate the property to the New York State Department of Environmental Conservation (“DEC”) standards. State Farm engaged Holzmacher, McLendon and Murrell, P.C. (“HMM”) as environmental consultants to oversee the work of Milro Associates, Inc. (“Milro”).

The property owners (Plaintiffs) filed an action against State Farm and HMM to recover alleged damages associated with the remediation process, claiming that they had caused additional damages to the property beyond damages that had occurred during the oil contamination. The lower court denied separate motions of State Farm and HMM for summary judgment.

The court ruled that whether State Farm demonstrated HMM as an independent contractor, State Farm was unable to prove that there was no negligence in selecting, instructing, or supervising HMM. State Farm also did not verify if the services completed by HMM were accepted by the plaintiffs. The court upheld the denial of motion for summary judgment by State Farm, the court also stated that HMM failed to demonstrate it was entitled to judgment as a matter of law.

GWINNETT RENTERS DISPLACED BY FIRE SEEK DAMAGES

Gwinnett Fire and Emergency Services / Gwinnett Daily Post

58 residents of Gwinnett, Georgia, were displaced after a fire. 5 of the tenants have filed a lawsuit against the property owner for negligence. The plaintiffs are seeking financial compensation for personal injuries, medical, and incident expenses along with compensation for the pain and suffering that was caused by the event.

Although no one was injured, many of the tenants lost valuable items. Two of the residents lost documentation regarding their U.S. citizenship. One resident claims that renter’s insurance only covers roughly $13,000 or 15% of her total loss. She also claims that she is still experiencing feelings of anxiety every time she hears fire trucks or smells something smoky.

DEVELOPER SUES CITY FOR “MILLIONS”

Kyle Phillips / The Transcript

A developer requested to build 147 homes in the existing Eagle Cliff housing of Norman, Oklahoma and was denied by the City Council. The developer has filed a lawsuit claiming millions in damages due to the protesting of neighbors and the refusal of the rezoning request. The commission denied the developer’s request in a 7-2 vote after city staff reported to the commission and city council that the developers met all of the city’s ordinances and codes. The developer’s attorney, Sean Rieger, claims that his clients request should have qualified for an amendment of the 2025 land use and transportation plan in order to move the property from the assumed future urban service area to the current urban service area.

BENTON HARBOR RESIDENTS FILE CLASS ACTION LAWSUIT OVER WATER CRISIS

Dave Boucher, Detroit Free Press

Residents from Benton Harbor, Michigan, are suing Michigan Governor Gretchen Whitmer and multiple current and former State and City officials through a class action lawsuit. The lawsuit is seeking relief actions and monetary damages related to the city’s ongoing drinking water crisis. State agencies have advised residents to start using bottled water in early October due to the increase of lead in the municipal water supply.

Plaintiffs accused the city, state, and private contractors for not adequately notifying the public of the situation sooner. The plaintiffs are seeking financial compensation for property damage, medical examinations to access the health risks of being exposed to and ingesting lead. They are also seeking blood work, in home water testing, distribution of safe water, establishment of a community center for kids and adults with learning impairments, replacement of lead service lines, and a monitor to oversee operations of the beleaguered water system.

On November 2nd, the EPA ordered the city to fix the water plant. The EPA also started joint water testing with the state health department to determine if the filters that have been distributed to the residents as part of the settlement is helping to reduce the amount of lead nanoparticles in the resident’s water supply.

FEDERAL JUDGE APPROVES $626 MILLION SETTLEMENT IN FLINT WATER CRISIS

The Daily Herald

Civil claims that were connected to the Flint Michigan water crisis received a final approval from a federal judge for a settlement on Wednesday. The claim was settled at $626 million and over 50,000 residents have applied to be part of this settlement. There will be 79.5 % of the settlement set aside to go towards children that were exposed to the water taps during 2014 and 2015.

Flint Michigan’s drinking water became contaminated after the water source was changed from the Detroiter water system to Flint River. The improperly treated river caused damages to aging pipes that connected homes and business to the city’s water main. The pipe damage progressed into lead being populated into the water supply.