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Business & Developmentby Fern Shen9:10 amAug 13, 20140

Texas property owner Wizig ordered to clean up Baltimore vacants

Community Law Center calls the Circuit Court order “a triumph for neighborhoods”

Above: A vacant house on Bonaparte Ave. (above) is one of 49 Scott Wizig-owned properties a judge has ordered to be cleaned up.

In one of the first rulings under a recently strengthened “Community Bill of Rights” statute, a judge has ordered a Texas-based property owner to correct code violations and nuisance conditions at 49 vacant Baltimore buildings within 90 days.

The Community Law Center, Inc., which brought the case on behalf of six community associations, describes the Baltimore City Circuit Court order as “an early victory” in their lawsuit against owners of vacant slum properties and a milestone for city residents struggling with blight.

“This precedent is a triumph for neighborhoods suffering from dilapidated properties,” said Kristine Dunkerton, executive director of the Law Center, in a statement yesterday.

The buildings are owned by a number of LLCs of which Scott Wizig, of Houston, is the managing member. The lawyer for the Wizig companies declined to comment on the litigation or respond to the Community Law Center’s press release discussing the July 31 summary judgement ordered by Judge Pamela J. White.

“I’ll share with my clients and get back to you,” said Dana Petersen Moore, the Baltimore attorney representing Wizig in the litigation. Moore, a recent appointment, is a member of the Board of Liquor License Commissioners for Baltimore.

More Teeth in the Law

The Community Bill of Rights statute has been on the books for years, but it wasn’t until 2012 that Annapolis lawmakers added language that empowers community organizations to take private legal action against the property owner to compel correction of whatever element of their property is a nuisance to neighbors.

“The claim succeeded in arguing that where there was an outstanding building violation notice from the City and the community satisfied certain notice requirements, the community associations were entitled as a matter of law to an order mandating a remedy to the problem properties,” according to Robin Jacobs, a Community Law Center lawyer in the case.

“We are proud to be one of the first communities to successfully pursue a Community Bill of Rights claim against an owner whose properties pose a danger to the neighborhood,” said Grace Willis, a director of Greater Greenmount Community Association.

Along with Greater Greenmount, other plaintiffs in the lawsuit include the Coldstream-Homestead-Montebello Community Corporation (CHUM), Alliance of Rosemont Community Organizations, Mount Clare Community Council, Carrollton Ridge Community Association, and Operation ReachOut SouthWest.

Lawsuit Filed Last Year

White’s summary judgement order in the matter comes as part of the Community Law Center’s $8 million lawsuit filed a year ago and aimed at a widespread problem in Baltimore – properties that are vacant, deteriorating and unsafe and in violation of the city code.

Dunkerton said at the time that they targeted  Wizig’s properties because he appeared to be the biggest single offending property owner in the city.

Trial on the remaining claims in the lawsuit is scheduled to begin on September 30.

Venable LLP serves as pro bono co-counsel on the litigation, along with the University of Maryland Francis King Carey School of Law’s Community Development Clinic.

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