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Appeals court upholds Applewood warrants, board’s order to vacate

Posted at 4:14 am August 1, 2018
By John Huotari Leave a Comment

The site of former Applewood Apartments buildings, which have been demolished, is pictured above at Hillside Road and East Hunter Circle on Wednesday, July 18, 2018. (Photo by John Huotari/Oak Ridge Today)

The site of former Applewood Apartments buildings, which have been demolished, is pictured above at Hillside Road and East Hunter Circle on Wednesday, July 18, 2018. (Photo by John Huotari/Oak Ridge Today)

 

It’s not clear if it will make much difference now, but a state appeals court has upheld administrative warrants used by the City of Oak Ridge for inspections at Applewood Apartments and a city board order that had once called for vacating and demolishing six of the buildings.

The Tennessee Court of Appeals in Knoxville issued its opinion on Tuesday, July 24.

Joe Levitt, the owner of the former 13-building apartment complex on Hillside Road and Hunter Circle, had appealed a September 2016 order of the Anderson County Chancery Court in Clinton. That court, where M. Nichole Cantrell is chancellor, had granted summary judgement to the City of Oak Ridge, the Oak Ridge Board of Building and Housing Code Appeals, and former codes enforcement supervisor Denny Boss. Levitt, who has battled the city for years, had sought to overturn an Oak Ridge order that the six Applewood Apartment buildings be vacated and demolished.

Inspections conducted with the help of Corum Engineering in 2009 had found multiple code violations and structural deficiencies at the six buildings, including cracks in foundations, damaged and rotten floor joists, and evidence of wood-destroying insect activity, as well as dead animals and animal feces in the basement and crawl space, and excessive debris, lack of smoke detectors, plumbing leaks, and damaged roofing materials, among other issues, according to last week’s opinion. Unless the defects were corrected, the 2009 engineering report said, the top floors of the buildings could collapse because of a lack of structural support, according to the opinion. [Read more…]

Filed Under: Anderson County, Business, Courts, Front Page News, Government, Oak Ridge, Oak Ridge, Tennessee, Top Stories Tagged With: administrative warrants, Anderson County Chancery Court, Applewood Apartments, Brian R. Bibb, City of Oak Ridge, Corum Engineering, D. Michael Swiney, Dan R. Pilkington, demolition order, Denny Boss, Joe Levitt, John W. McClarty, M. Nichole Cantrell, Oak Ridge Board of Building and Housing Code Appeals, opinion, Tennessee Court of Appeals, W. Neal McBrayer

Applewood Apartments: Case that once called for $400,000 fine has been dismissed

Posted at 10:53 am July 3, 2017
By John Huotari 4 Comments

The rear of the Applewood Apartments building at 186 Hillside Road is picture above on Saturday, July 1, 2017. (Photo by John Huotari/Oak Ridge Today)

The rear of the Applewood Apartments building at 186 Hillside Road is picture above on Saturday, July 1, 2017. (Photo by John Huotari/Oak Ridge Today)

 

Note: This story was last updated at 12:25 p.m.

CLINTON—A court has dismissed a case that once called for a $400,000 fine against the owner of three now-vacant Applewood Apartments buildings on Hillside Road in Oak Ridge.

Charges against the original defendant, former Applewood Apartments manager Tammy Sandlin, have been dismissed, and she is the only properly named defendant in the complaint, Anderson County Circuit Court Judge Don R. Elledge said in a dismissal order filed Wednesday, June 21.

The Tennessee Court of Appeals had issued an opinion on October 15, 2015, that vacated, or voided, the $406,520 judgement against Applewood Apartments owner Joseph J. Levitt Jr. because he had not been effectively added as a defendant in the city’s lawsuit, Elledge said.

At that time, the Court of Appeals remanded the case, or sent it back to, Anderson County Circuit Court in Clinton for further proceedings, “including the filing and serving of an amended complaint or city warrant against Mr. Levitt,” Elledge said in his order to dismiss.

The Court of Appeals decision essentially said that Levitt has to be given a chance to defend himself, Elledge said during a motion hearing in Circuit Court on Friday, June 9. A jury trial had been scheduled for March 9, 2018. The City of Oak Ridge is the plaintiff.

But no amended complaint has been filed by the city since the Court of Appeals decision almost two years ago, and Levitt has never been served with an amended complaint, Elledge said during the June 9 motion hearing. [Read more…]

Filed Under: Business, Front Page News, Government, Government, Oak Ridge, Oak Ridge, Slider Tagged With: Anderson County Circuit Court, Applewood Apartments, Brandon O. Gibson, City of Oak Ridge, code violations, Corum Engineering, D. Michael Swiney, Don R. Elledge, Hillside Road, International Property Maintenance Code, J. Steven Stafford, James A.H. Bell, Joseph J. Levitt Jr., Ken Krushenski, Oak Ridge City Court, Oak Ridge Code Enforcement, Robert McNees III, Tammy Sandlin, Tennessee Court of Appeals

Four Applewood Apartment buildings still ‘unfit,’ not vacated, attorney says

Posted at 1:26 pm July 13, 2014
By John Huotari Leave a Comment

Applewood Apartments at 105 Hunter Circle

A city board declared four buildings on Hunter Circle to be unfit for human occupation or use in November 2010 and, after a Tennessee Court of Appeals opinion, reaffirmed the decision in March 2013. The case has been appealed back to the appellate court.

KNOXVILLE—More than three years after they were declared “unfit,” four dilapidated Applewood Apartment buildings have still not been vacated, an attorney said Thursday.

The Anderson County Chancery Court and the Tennessee Court of Appeals have both affirmed a November 2010 decision by an Oak Ridge board declaring the dilapidated buildings on Hunter Circle to be unfit for human occupation and use—and calling for them to be vacated immediately, attorney Dan Pilkington said.

The 2010 decision was reaffirmed by the city board, the Oak Ridge Board of Building and Housing Code Appeals, in March 2013, Pilkington said.

“We believe that this order is final,” he said in a 15-minute oral argument before a three-judge panel of the Tennessee Court of Appeals in Knoxville on Thursday. “Despite that, the buildings have never been vacated.”

The 2010 Oak Ridge board hearing was held after notices were issued citing multiple deficiencies that were hazardous to tenants, said Pilkington, who works for Knoxville law firm Watson, Roach, Batson, Rowell, and Lauderback. That company represented the City of Oak Ridge in Thursday’s oral argument before a three-judge panel that included John W. McClarty, D. Michael Swiney, and D. Kelly Thomas Jr. [Read more…]

Filed Under: Government, Government, Oak Ridge, Slider, State, Top Stories Tagged With: Anderson County Chancery Court, Applewood Apartments, codes enforcement, Corum Engineering, D. Kelly Thomas Jr., D. Michael Swiney, Dan Pilkington, Hillside Road, Hunter Circle, Jim Odle, Joe Levitt, John W. McClarty, Ken Krushenski, Oak Ridge Board of Building and Housing Code Appeals, oral arguments, Tennessee Court of Appeals, Watson Roach Batson Rowell and Lauderback

After board declares them unfit, city posts ‘Danger’ signs on four Applewood buildings

Posted at 12:55 pm March 28, 2013
By John Huotari 2 Comments

Applewood Apartments Danger Signs

The Oak Ridge municipal staff has posted yellow “Danger” signs on units at four Applewood Apartment buildings on Hunter Circle.

A few days after a city board declared them unfit, the Oak Ridge municipal staff posted yellow “Danger” signs on four Applewood Apartment buildings on Hunter Circle, officials said.

Posted on Tuesday, the placards say the 48 apartment units have been deemed unfit for human occupation or use, said Denny Boss, Oak Ridge code enforcement supervisor. The notices cannot be removed until the structures are repaired or demolished.

Joe Levitt, the Knoxville attorney who owns the apartments, disagrees that they are dangerous.

“The buildings are in satisfactory engineering and architectural condition,” he said Thursday. “There’s no question about that.” [Read more…]

Filed Under: Government, Oak Ridge, Top Stories Tagged With: Applewood Apartments, code enforcement, Corum Engineering, danger, danger signs, demolition, Denny Boss, Hunter Circle, Jim Odle, Joe Levitt, Kathryn Baldwin, Oak Ridge Board of Building and Housing Code Appeals, Oak Ridge Community Development, Tennessee Court of Appeals, unfit, unfit for human occupation or use

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