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Governments will use any lame excuse they can to steal your property.
Historic Wright home owners shock at meeting with lawsuit threat by Philip Haldiman, The Republic azcentral.com - Oct. 3, 2012 02:44 PM Owners of the iconic Gladys and David Wright House in east Phoenix have threatened a lawsuit against the city, claiming the historical designation proceedings for the property are illegal. Chris Kramer, an attorney representing the owners, came forward at Tuesday night's Camelback East Village Planning Committee meeting, asserting that, among other things, the city requires an owner must give consent for a property to be considered for historical designation by the city. He said the owners of the home, 8081 Meridian, were never given that opportunity, and therefore the committee should not recommend historical designation to the Planning Commission. "Because the owners did not consent, it is illegal," Kramer said. "Don't send this to City Council. Because if you do, you're going to get sued and we're going to win and the house is going to come down anyway." The committee ended up making the recommendation, after a vote to delay a decision failed. The council would have final say on the designation after a review by the Planning Commission. The house, located in the Arcadia area of Phoenix near 56th Street and Camelback Road, was designed by framed architect Frank Lloyd Wright for his son. A movement to preserve the house has been underway for months, after the owner indicated a desire to remove the house in order to split the lot and develop new homes on the property. The committee ended in a 7-7 tie on a motion to continue the case to the Nov. 13 Village Planning Committee, so that 8081 Meridian's legal claims could be considered by city legal counsel. The tie vote meant the motion failed. Commissioner David Kolbe said the Wright House is a very significant case, but that the current owners shouldn't be penalized. "We should take a stand one way or the other," Kolbe said. A second motion was recommend for historical designation to the Planning Commission as presented by staff, with the stipulation that the city should make efforts to find an equitable and permanent solution. The motion passed, 9-5. Mayor Greg Stanton said he hasn't received any paper work about a lawsuit, but that the city is working hard to resolve the issue so that it benefits the community and the owner. "Occasionally tensions arise between historical preservationists and the rights of property owners. In this case there shouldn't be an issue," he said. "I do know that offers have been made on the house and I believe the building is worthy of preservation. I take this issue very seriously, and don't want the black eye on this city that would exist if a Frank Lloyd Wright home were to be demolished." The owner's allegations at the meeting caused a strong reaction from those supporting the historical overlay designation. Grady Gammage Jr., a land-use attorney with connections to Wright, countered the owner's allegations, claiming that although it may be a policy of the city to get consent for historical designation, it is not included in city ordinances. "I am not representing anybody tonight," he said. "But the only question that should be addressed here is whether or not this is a significant building. Other issues can be brought up at a different time and place." Earlier this year, 8081 Meridian was approved for a lot split of the property south of Camelback Mountain. Since then, a movement has gathered steam leaving in its wake hundreds of letters and a petition signed by thousands in support of the home's preservation, as well as an international search for a buyer who might save the home. A historical designation approval for the home could possibly lead to a three-year stay of demolition. The stay would effectively give conservators more time to find a new owner for the home. The owners had indicated late this summer it was open to selling the home to someone who was willing to preserve the structure. |