Condemnation lawsuit against Elsmere dismissed

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Condemnation lawsuit against Elsmere dismissed

By SEAN O'SULLIVAN, The News Journal

Posted Thursday, February 22, 2007 at 1:57 pm

http://www.delawareonline.com/apps/pbcs.dll/article?

AID=/20070222/NEWS/70222047

Work at the Fenwick Park Apartments in Elsmere in 2003. (Buy photo)

The News Journal/BOB HERBERT

WILMINGTON -- A federal judge has dismissed a lawsuit that charged

the town of Elsmere improperly condemned a 156-unit apartment

complex in 2002.

The lawsuit filed by the then-owners of the Fenwick Park Apartments

in 2004 charged the town should have allowed them a chance to fix

mold problems before closing the buildings and evicting hundreds of

tenants.

The group, Elsmere Park Club L.P., claimed to have lost millions as

a result of the town's actions and demanded damages.

In her 27-page opinion, posted late Wednesday, Chief Judge Sue L.

raised questions about the potential health hazard that led

to the condemnation but found the complex owners abandoned their

appeal of the action with the town and so could not claim a due

process violation.

Elsmere Town Manger Giles today said town officials were

pleased with the result and remain confident they took the right

steps in 2002 to protect the public.

" We're glad the court saw it that way too, " he said.

The apartment complex has since been renovated, sold and re-opened,

according to Giles.

Problems at the 39-building complex began in 1989 after basement

units of many of the buildings flooded due to Hurricane Hugo and

were subsequently condemned and closed off.

Several years later, in 2002, inspectors traced strong odors in

several buildings to the closed basement apartments. There they

found extensive mold growth and feared it presented a serious health

threat to all apartments via the ventilation system.

A short time later, town officials condemned 38 of the 39 buildings

citing mold, bug, rodent feces and other health problems, forcing

hundreds of residents to find alternative housing.

Attorneys for Elsmere Park Club could not immediately be reached for

comment.

Contact O'Sullivan at 324-2777 or

sosullivan@....