More Developer Lawsuit News

First of all, an update on the Samir Benakmoume 1352 Lofts sidewalk grab at Broad and South. According to John Doe over at PhillyBlog:

Got the following info in another email......

I was in contact with Brian Abernathy from Councilman DiCicco's office and found out the following:
The case is at 1:30 PM on Wednesday, July 11th in room 426 of City Hall. This is the city taking action against Sami, not him appealing. The city contends that the only way to deal with the problem is for him to remove the terrace altogether. The case is absolutely public and anyone can attend, although there probably wouldn't be an opportunity for us to testify.
I will be there, anyone want to join me?

I haven't been able to access the city court pages this morning. Can anyone confirm if this info is correct???

Dan U-A wrote about the sidewalk grab in his June 22nd post entitled "Standing Up For Ourselves." Deep in the many comments to that post, we discovered that developer Benakmoume had threatened PhillyBlog with legal action for hosting discussion threads critical of Bounakmoume's usurpation of the sidewalk, leading to PhillyBlog's owner to pull the threads.

Well, I was already infuriated enough by the sidewalk grab, but this attack on our freedom of speech pissed me off even more. For the record, I blogged about it at DailyKos, hoping to spread the story a bit further afield, and further fill Google searches on "1352 Lofts" with more bad publicity for Benakmoume. You can read my DKos post here: http://www.dailykos.com/story/2007/7/8/201811/9289

I'll be interested to hear the outcome of tomorrow's action in City hall Room 426. I hope Benakmoume is forced to tear down that "handicapped ramp" he seems to have disguised as a restaurant seating terrace.

Coming on the heels of this, I read in yesterday's Inquirer about the legal problems swirling around the proposed World Trade Center development at the Delaware River end of Callowhill Street:

Since 1989 this ragged lot has been known as the future home of Philadelphia's World Trade Center. The latest plan of some developers from New York calls for a 42-story apartment building there and an 18-story office and complex, followed by two more 42-story towers.

All of which would be taller than 65 feet. And that's the problem.

In 2006, City Councilman Frank DiCicco introduced legislation that for purposes of development considers the site and several other blocks to be part of Old City.

That means that to build anything near what the New Yorkers want, they'd need a variance excusing them from the neighborhood's height restrictions.

This angered the developers - Waterfront Renaissance Associates - who contend the change risks the millions of dollars they've already spent. (Though not in taxes; it's in a tax-free zone.)

In February they sued City Council, the Planning Commission, three neighborhood groups, and - here's the ugly part - several individuals, including Sacksteder.

The suit uses some strong language - conspiracy, tortuous interference, breach of contract. The lawyers say Sacksteder and others failed to honor a 1989 agreement in which neighbors pledged to back the developers' effort to obtain necessary permits and approvals.

Just by being named, Sacksteder and his civic group have to come up with $10,000 in fees so they can be represented by the Old City Civic Association's lawyer. They've raised about half what they need.

Sheesh! What is it with these developers, using their lawyers to try and silence community opposition by bankrupting them with legal fees? Funny thing is, the community isn't even necessarily opposed to the World Trade Center development. As Councilman Dicicco's aide Brian Abernathy explains in today's Evening Bulletin:

He said WRA can simply apply for a variance with the city to keep its project as is.
"If everyone is really on board, they should have no problem getting it [the variance] passed," he said.
Abernathy said the city passed the ordinance last March because it wanted to protect waterfront neighborhoods from gentlemen's clubs and tattoo parlors that were threatening the area, specifically one proposed at Fourth and Spring Garden streets....

"We had no intention of destroying their project," Abernathy said. "We think it is fair to let the community have a voice."

Danial Rubin's Inquirer column goes on to quote Councilman Dicicco's further views on the subject:

DiCicco finds it outrageous that people who have volunteered to help their neighborhoods face such financial exposure.

"How's the average person going to ever defend him- or herself from these lawsuits from these major corporations?" he asks. "You just don't have a shot."

The councilman said that when the developers called to complain about the height restriction, he had forgotten that there were plans to build towers there. He's not sure they will ever be built.

"I still don't see a stake in the ground," he says.

Thank you, Councilman Dicicco, for defending average people against the developers in this case. I trust you will be as vigorous in opposing Benakmoume's legal threats against the community as well.

1352 Lofts Hearing Changed to Thursday

This posted this morning at Phillyblog:

just heard from HEC that the hearing has been rescheduled:

Thursday (7/12/07) @ 1:30 PM, in City Hall Courtroom 426

HEC also said that the City has directed the developer to appear in court on this matter, and it is the city's position that the platform should be completely removed.

If true, I hope this comment forestalls anyone who was thinking of dropping in at the hearing as originally scheduled today.

But just to be cautious, the person who posted it is pretty new at PhillyBlog...maybe need to make sure this isn't misinformation to stop people from coming?

Inga Saffron confirms Thursday

Inga Saffron of the Philadelphia Inquirer has updated her original story about the sidewalk grab, including a mention of Benakmoume's attempt to squelch our freedom of speech.

According to her source, the city is indeed going to ask Benakmoume to tear down the terrace, and that the hearing will be Thursday, 1:30pm, City Hall Room 425, Judge Glazer.

Inga Saffron's Blog

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