Judge Dismisses Lawsuit in Apt. Condemnation

[Guest guest]

Judge Dismisses Lawsuit in Apt. Condemnation

WPVI-TV Philadelphia

http://abclocal.go.com/wpvi/story?section=local & id=5061133

WILMINGTON, Del. (AP) - February 23, 2007 - A federal judge has

dismissed a lawsuit brought after the town of Elsmere closed an

apartment complex plagued by mold.

The suit was filed against the town by the owners of the Fenwick

Park Apartments. The town's condemnation of the complex in October

2002 left hundreds of tenants without a place to live.

The owners alleged that the town didn't have the authority to

condemn the buildings and denied them due process -- costing them

(m) millions of dollars.

The complex has since be renovated, sold and reopened.

Although she dismissed the lawsuit, Judge Sue suggested in

her opinion that the town may have overreacted. She wrote there

was " little actual evidence " in the record that mold found in

basements had spread to upstairs apartments.