Judge to rule on Iowa City cottage injunction

IOWA CITY - A Johnson County judge is planning to come to a ruling soon on a local attorney's request for a civil action injunction to prevent eviction of the tenants of Iowa City's two remaining mid-19th century cottages.

Sixth District Judge Lars Anderson said Wednesday he would reach a decision on the requested injunction 'fairly quickly.”

Rockne Cole, who brought forth the injunction last month on behalf of Will Ingles and Susan Hultman, tenants of 608 and 610 S. Dubuque St., respectively, said during a Wednesday court hearing that the injunction would prevent an eviction - and therefore demolition - at either cottage until the end of July.

Cole said both tenants should be allowed peaceful possession of the two properties until commercial leases expire July 31.

Cole said the injunction follows multiple attempts made to evict Hultman and Ingles.

'Everything they have done since the beginning of November has been geared toward destruction,” Cole said.

Attorney James McCarragher, representing property owner Ted Pacha, said his client - who faces three municipal infractions from the city for maintaining an unsound building - is only trying to remove the tenants from unsafe buildings and no action can be taken until the cottages are vacant.

'That's not badgering them, it's indicating there's a safety concern,” McCarragher said.

McCarragher noted that Ingles does not possess a formal lease for residency, but rather had been on a month-to-month basis and has 47 months in unpaid rent, to the tune of $16,450.

Regardless of the ruling, any demolition of the remaining two cottages has been temporarily halted following Tuesday's Iowa City Council meeting. At the meeting, the council scheduled a public hearing for Jan. 20 to discuss historic landmark designation for the properties - meaning a 60-day moratorium on any demolition has begun.

The third cottage at 614 S. Dubuque St., which housed Moy Yat Ving Tsun Kung Fu Academy, was torn down Dec. 26 after the former tenant agreed to move out.

Discussion Wednesday also included the two structural engineer reports on the cottages, one by VJ Engineering claiming the buildings are unsafe and another by Morning Star Studio stating the cottages are structurally sound.

Both attorney's pointed to the opposing engineering report, with Cole arguing that if Pacha stands by the VJ Engineering report, he is liable as the property owner to make the proper repairs. while McCarragher said the Morning Star Studio report claims no repairs are necessary.