Cottage discussion moving to the courtroom

IOWA CITY - With two of three mid-19th century cottages still standing, discussion between the property owner and remaining cottage tenants will soon be moving beyond committee meetings and into the courtroom.

On Friday, local attorney Rockne Cole, on behalf of Will Ingles and Susan Hultman, tenants of 608 and 610 S. Dubuque St., respectively, filed a motion to intervene with three municipal infractions filed by the city against Ted Pacha, who owns the properties where the cottages currently sit.

Pacha, representing his company Theo Resources LLC, was scheduled for a Jan. 8 initial hearing to discuss the three $250 infractions for violating city code by maintaining three dangerous buildings - the structures were deemed unsafe in VJ Engineering's November report on the cottages.

However, the motion to intervene - made on the day demolition began on the third cottage at 614 S. Dubuque St., former home to Moy Yat Ving Tsun Kung Fu Academy - has rescheduled the initial appearance on the infractions to Feb. 5.

Cole said it's not common to seek participation in a municipal infraction issue, but said the tenants hope the move will give them a chance to speak against demolition of the remaining cottages.

The same players will convene Jan. 7 for a civil action injunction motion filed by Cole to prevent the eviction of Ingles or Hultman and the demolition of the two cottages.

Cole said the injunction is a 'defensive move” aimed at buying more time to debate historic landmark protections being considered for the cottages.

'We really had no choice but to seek protection of the courts to allow both sides to present their arguments,” he said. 'We viewed we really had no other choice but to file.”

Pacha did not immediately return calls for comment Wednesday and his attorney, James McCarragher said his policy is not to comment on pending legal matters.

Court documents filed Dec. 22 by Cole state that Ingles' lease is valid at least through the end of 2014, while Hultman's lease will last until July 31, 2015 and evicting either tenant would breach their leases.

The injunction document also notes that while VJ Engineering's report states the buildings are unsafe, a second report by Cedar Rapids Morning Star Studio found the cottages to be structurally sound.

In the motion, the tenants seek repair of the cottages, rather than demolition and Ingles, who also lives at the cottage at 608 S. Dubuque St., is also seeking injunctive relief and attorney fees.

The city has issued demolition permits for the two remaining cottages and the Iowa City Council is slated to set a public hearing during a Jan. 6 meeting to discuss a historic landmark application for the buildings. Setting the public hearing will enact a 60-day moratorium on demolition of the two buildings, which house Suzy's Antiques and Gifts and The Book Shop.

Iowa City's Planning and Zoning Commission and Historic Preservation Commission have each unanimously voted the three cottages as historic landmarks.