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	<title>Comments on: Comment of the Day: Wilshire Village Town&#160;Meeting</title>
	<atom:link href="http://swamplot.com/comment-of-the-day-wilshire-village-town-meeting/2009-02-25/feed/" rel="self" type="application/rss+xml" />
	<link>http://swamplot.com/comment-of-the-day-wilshire-village-town-meeting/2009-02-25/</link>
	<description>Houston, Texas real estate development, home buying, landscape, and design</description>
	<pubDate>Sun, 21 Mar 2010 17:02:09 +0000</pubDate>
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		<title>By: Oya Yansa</title>
		<link>http://swamplot.com/comment-of-the-day-wilshire-village-town-meeting/2009-02-25/#comment-20835</link>
		<dc:creator>Oya Yansa</dc:creator>
		<pubDate>Thu, 26 Feb 2009 22:46:48 +0000</pubDate>
		<guid isPermaLink="false">http://swamplot.com/?p=6812#comment-20835</guid>
		<description>I was told by a tenant that the dates on the original notice don't add up to 30 days, so it would seem if this is correct that tenants could stay for now. Also, the "Fire Dept." notices had a phone number that had been disconnected; after the notices were removed by tenants, handwritten versions went back up; this seems to be harassment rather than official notices. I'm not quite sure what the police department has to do with this---seems out of their jurisdiction. Hope they have more time...</description>
		<content:encoded><![CDATA[<p>I was told by a tenant that the dates on the original notice don&#8217;t add up to 30 days, so it would seem if this is correct that tenants could stay for now. Also, the &#8220;Fire Dept.&#8221; notices had a phone number that had been disconnected; after the notices were removed by tenants, handwritten versions went back up; this seems to be harassment rather than official notices. I&#8217;m not quite sure what the police department has to do with this&#8212;seems out of their jurisdiction. Hope they have more time&#8230;</p>
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		<title>By: Hellsing</title>
		<link>http://swamplot.com/comment-of-the-day-wilshire-village-town-meeting/2009-02-25/#comment-20804</link>
		<dc:creator>Hellsing</dc:creator>
		<pubDate>Thu, 26 Feb 2009 15:08:15 +0000</pubDate>
		<guid isPermaLink="false">http://swamplot.com/?p=6812#comment-20804</guid>
		<description>EMME, you're a doll.  I don't live there; just have personal connections to the place.

If anyone just thinks we're a bunch of big Blue Meanies picking on this poor widdle ickle developer, let's review a few Fun Facts:

Dilick purchased the property in 2002. He was aware that prople still lived in Wilshire Village as the rent checks continued to come in.  He/Flat Stone II Ltd./Alabama &#38; Dunlavy Ltd. was not only a developer at that point but a property owner and a landlord. kjb434 is absolutely right - Wilshire Village is Dilick's property, and here's where the circus music gets cued.


Jay Cohen continued to ACT in the capacity of property manager/landlord/owner for the next SEVEN years. It is highly unlikely that Dilick had no idea this was going on.


Texas law considers a principal to be vicariously liable for the torts of agents committed in the course and scope of their employment.  Was Jay Cohen actually employed as the Wilshire Village property manager or do we have a case of ostensible ("for all appearances") agency? If Dilick ALLOWED him to walk, talk and act like one, then a reasonable person could legitimately assume that such was the case.


Jay Cohen made the statement to more than one resident, acting in the capacity of someone with the authority to do so, that they would not have to leave the property as stated in the eviction notice.  Texas recognizes oral agreements as binding with 4 exceptions that must be in writing, but lease extension is not one of them. Implied authority is further conveyed by Cohen being cc'd on the notice.  

Looks like Lucy has some 'splainin to do, hmmm?

Now, a good way out of this would be for Dilick or a representative with legitimate capacity to act on his behalf to show up today or tomorrow, apologize for the confusion and give the remaining residents another two weeks or so, plus follow up with the city to make sure that relocation assistance WILL be provided.  April is six full months after Ike. Many people rented basic living space for six months while their homes were being repaired - I know of two at my firm.  Chances are good that signs will start going up as these renters give notice.  Would a few more weeks really kill a project that will take a couple of years to complete in a market for which there is not much demand for it anyway?  


Then again, Dilick and Cohen can just roll the dice and hope that a generous attorney with a fondness for old folks more skilled than their attorneys doesn't get wind of this.  Can't say - I'm not either of them, for which I find numerous reasons to be profoundly grateful.</description>
		<content:encoded><![CDATA[<p>EMME, you&#8217;re a doll.  I don&#8217;t live there; just have personal connections to the place.</p>
<p>If anyone just thinks we&#8217;re a bunch of big Blue Meanies picking on this poor widdle ickle developer, let&#8217;s review a few Fun Facts:</p>
<p>Dilick purchased the property in 2002. He was aware that prople still lived in Wilshire Village as the rent checks continued to come in.  He/Flat Stone II Ltd./Alabama &amp; Dunlavy Ltd. was not only a developer at that point but a property owner and a landlord. kjb434 is absolutely right - Wilshire Village is Dilick&#8217;s property, and here&#8217;s where the circus music gets cued.</p>
<p>Jay Cohen continued to ACT in the capacity of property manager/landlord/owner for the next SEVEN years. It is highly unlikely that Dilick had no idea this was going on.</p>
<p>Texas law considers a principal to be vicariously liable for the torts of agents committed in the course and scope of their employment.  Was Jay Cohen actually employed as the Wilshire Village property manager or do we have a case of ostensible (&#8221;for all appearances&#8221;) agency? If Dilick ALLOWED him to walk, talk and act like one, then a reasonable person could legitimately assume that such was the case.</p>
<p>Jay Cohen made the statement to more than one resident, acting in the capacity of someone with the authority to do so, that they would not have to leave the property as stated in the eviction notice.  Texas recognizes oral agreements as binding with 4 exceptions that must be in writing, but lease extension is not one of them. Implied authority is further conveyed by Cohen being cc&#8217;d on the notice.  </p>
<p>Looks like Lucy has some &#8217;splainin to do, hmmm?</p>
<p>Now, a good way out of this would be for Dilick or a representative with legitimate capacity to act on his behalf to show up today or tomorrow, apologize for the confusion and give the remaining residents another two weeks or so, plus follow up with the city to make sure that relocation assistance WILL be provided.  April is six full months after Ike. Many people rented basic living space for six months while their homes were being repaired - I know of two at my firm.  Chances are good that signs will start going up as these renters give notice.  Would a few more weeks really kill a project that will take a couple of years to complete in a market for which there is not much demand for it anyway?  </p>
<p>Then again, Dilick and Cohen can just roll the dice and hope that a generous attorney with a fondness for old folks more skilled than their attorneys doesn&#8217;t get wind of this.  Can&#8217;t say - I&#8217;m not either of them, for which I find numerous reasons to be profoundly grateful.</p>
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		<title>By: jgriff</title>
		<link>http://swamplot.com/comment-of-the-day-wilshire-village-town-meeting/2009-02-25/#comment-20801</link>
		<dc:creator>jgriff</dc:creator>
		<pubDate>Thu, 26 Feb 2009 14:32:16 +0000</pubDate>
		<guid isPermaLink="false">http://swamplot.com/?p=6812#comment-20801</guid>
		<description>From the look of the condition of these apartments I think the owners have been doing a diservice to the residents by not kicking them out sooner. I wouldn't even let my dog live in that place. 

It looks like we finally have a slumlord who is doing the right thing and tearing down some crappy apartments.</description>
		<content:encoded><![CDATA[<p>From the look of the condition of these apartments I think the owners have been doing a diservice to the residents by not kicking them out sooner. I wouldn&#8217;t even let my dog live in that place. </p>
<p>It looks like we finally have a slumlord who is doing the right thing and tearing down some crappy apartments.</p>
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		<title>By: RWB</title>
		<link>http://swamplot.com/comment-of-the-day-wilshire-village-town-meeting/2009-02-25/#comment-20798</link>
		<dc:creator>RWB</dc:creator>
		<pubDate>Thu, 26 Feb 2009 14:13:27 +0000</pubDate>
		<guid isPermaLink="false">http://swamplot.com/?p=6812#comment-20798</guid>
		<description>"So I see with some, the common thread of thought is that if you disagree you attack versus bringing a well though argument to the discussion."

I will venture to say that you are the one who attacked first, when you wrote "Were are all the people that are truly worried? None are posting on this board. They rant about how wrong it is, but I don’t see them truly helping. Why aren’t you good intentioned people posting how bad it is actually acting in the way to help? Some community you guys are." You insulted a bunch of people you know &lt;i&gt;nothing&lt;/i&gt; about. Sorry if that made some of us angry.</description>
		<content:encoded><![CDATA[<p>&#8220;So I see with some, the common thread of thought is that if you disagree you attack versus bringing a well though argument to the discussion.&#8221;</p>
<p>I will venture to say that you are the one who attacked first, when you wrote &#8220;Were are all the people that are truly worried? None are posting on this board. They rant about how wrong it is, but I don’t see them truly helping. Why aren’t you good intentioned people posting how bad it is actually acting in the way to help? Some community you guys are.&#8221; You insulted a bunch of people you know <i>nothing</i> about. Sorry if that made some of us angry.</p>
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		<title>By: kjb434</title>
		<link>http://swamplot.com/comment-of-the-day-wilshire-village-town-meeting/2009-02-25/#comment-20796</link>
		<dc:creator>kjb434</dc:creator>
		<pubDate>Thu, 26 Feb 2009 13:50:05 +0000</pubDate>
		<guid isPermaLink="false">http://swamplot.com/?p=6812#comment-20796</guid>
		<description>Matt,

You may be right.  Bill White has show a propensity to not like elderly or disabled people.  Remember when he tried kicking all the residents out of that placed on W. Dallas near Shepherd?


Pierce,

Way to elevate the discussion by wishing bad will on others.  High class all around.

Jorge,

A company owns the property and Dilick did identify himself in the original letter.

Rebb,
I've taken in my 86-year old grandmother 5 years ago when she couldn't live alone anymore.  She passed way two months later.


So I see with some, the common thread of thought is that if you disagree you attack versus bringing a well though argument to the discussion.

I do agree with EMME that the process to day hasn't been clean.  I would venture to say the Cohen stepping in messed things up.  If the letter was left alone, the residents may not have been misguided thinking they can stay.</description>
		<content:encoded><![CDATA[<p>Matt,</p>
<p>You may be right.  Bill White has show a propensity to not like elderly or disabled people.  Remember when he tried kicking all the residents out of that placed on W. Dallas near Shepherd?</p>
<p>Pierce,</p>
<p>Way to elevate the discussion by wishing bad will on others.  High class all around.</p>
<p>Jorge,</p>
<p>A company owns the property and Dilick did identify himself in the original letter.</p>
<p>Rebb,<br />
I&#8217;ve taken in my 86-year old grandmother 5 years ago when she couldn&#8217;t live alone anymore.  She passed way two months later.</p>
<p>So I see with some, the common thread of thought is that if you disagree you attack versus bringing a well though argument to the discussion.</p>
<p>I do agree with EMME that the process to day hasn&#8217;t been clean.  I would venture to say the Cohen stepping in messed things up.  If the letter was left alone, the residents may not have been misguided thinking they can stay.</p>
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		<title>By: pierce</title>
		<link>http://swamplot.com/comment-of-the-day-wilshire-village-town-meeting/2009-02-25/#comment-20768</link>
		<dc:creator>pierce</dc:creator>
		<pubDate>Thu, 26 Feb 2009 05:32:20 +0000</pubDate>
		<guid isPermaLink="false">http://swamplot.com/?p=6812#comment-20768</guid>
		<description>kjb, as you glide into your sunset years, may you be surrounded by friends, family, neighbors, and a big pile of cash that will provide you support and assistance in any times of need.  And may bad luck, uncontrollable circumstances, powerful a-holes exercising their rights, and general injustice fall disproportionately upon you, as you will effortlessly take it all in stride with your "can-do" attitude and the support of your extensive personal network.</description>
		<content:encoded><![CDATA[<p>kjb, as you glide into your sunset years, may you be surrounded by friends, family, neighbors, and a big pile of cash that will provide you support and assistance in any times of need.  And may bad luck, uncontrollable circumstances, powerful a-holes exercising their rights, and general injustice fall disproportionately upon you, as you will effortlessly take it all in stride with your &#8220;can-do&#8221; attitude and the support of your extensive personal network.</p>
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		<title>By: Matt</title>
		<link>http://swamplot.com/comment-of-the-day-wilshire-village-town-meeting/2009-02-25/#comment-20767</link>
		<dc:creator>Matt</dc:creator>
		<pubDate>Thu, 26 Feb 2009 05:25:35 +0000</pubDate>
		<guid isPermaLink="false">http://swamplot.com/?p=6812#comment-20767</guid>
		<description>So where is the mayor?  I thought he usually steppped in at the last minute to help the tenants in this city.  Or does it depend on who the developer is who wants the property?

More than likely the mayor is who called out the fire marshall.  Protecting the developer instead of the tenants. 

This has Bill White all over it.</description>
		<content:encoded><![CDATA[<p>So where is the mayor?  I thought he usually steppped in at the last minute to help the tenants in this city.  Or does it depend on who the developer is who wants the property?</p>
<p>More than likely the mayor is who called out the fire marshall.  Protecting the developer instead of the tenants. </p>
<p>This has Bill White all over it.</p>
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		<title>By: JT</title>
		<link>http://swamplot.com/comment-of-the-day-wilshire-village-town-meeting/2009-02-25/#comment-20765</link>
		<dc:creator>JT</dc:creator>
		<pubDate>Thu, 26 Feb 2009 04:55:37 +0000</pubDate>
		<guid isPermaLink="false">http://swamplot.com/?p=6812#comment-20765</guid>
		<description>Can anyone say with an educated guess approximately how many people still live in Wilshire Village and how many are elderly or infirmed?</description>
		<content:encoded><![CDATA[<p>Can anyone say with an educated guess approximately how many people still live in Wilshire Village and how many are elderly or infirmed?</p>
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		<title>By: EMME</title>
		<link>http://swamplot.com/comment-of-the-day-wilshire-village-town-meeting/2009-02-25/#comment-20759</link>
		<dc:creator>EMME</dc:creator>
		<pubDate>Thu, 26 Feb 2009 04:14:51 +0000</pubDate>
		<guid isPermaLink="false">http://swamplot.com/?p=6812#comment-20759</guid>
		<description>KJB, even you have to admit this has been poorly handled by Dilick and Cohen.  Dilick starts off by sending out invalid (at least questionable) eviction notices.  Cohen tells people to stay put.  If Dilick had the right to evict he should have done so within legal processes.  Instead he goes the sleazy route of calling the fire department.  This is all Fertitta style.  Fertitta wanted to buy a home that a family had had as a dream vacation home well before Fertitta absconded with Kemah.  They declined all his offers so he builds a rollercoaster in their backyard.  That is nastily vindictive.  Don't quote me laws and regulations, it is just wrong.  

Meaning no disrespect, I encourage you to find the location of your heart and try to find a way to live somewhere between it and your brain.  Satisfaction can be found through your brain but true joy is found in your heart.</description>
		<content:encoded><![CDATA[<p>KJB, even you have to admit this has been poorly handled by Dilick and Cohen.  Dilick starts off by sending out invalid (at least questionable) eviction notices.  Cohen tells people to stay put.  If Dilick had the right to evict he should have done so within legal processes.  Instead he goes the sleazy route of calling the fire department.  This is all Fertitta style.  Fertitta wanted to buy a home that a family had had as a dream vacation home well before Fertitta absconded with Kemah.  They declined all his offers so he builds a rollercoaster in their backyard.  That is nastily vindictive.  Don&#8217;t quote me laws and regulations, it is just wrong.  </p>
<p>Meaning no disrespect, I encourage you to find the location of your heart and try to find a way to live somewhere between it and your brain.  Satisfaction can be found through your brain but true joy is found in your heart.</p>
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		<title>By: Jorge</title>
		<link>http://swamplot.com/comment-of-the-day-wilshire-village-town-meeting/2009-02-25/#comment-20749</link>
		<dc:creator>Jorge</dc:creator>
		<pubDate>Thu, 26 Feb 2009 01:27:06 +0000</pubDate>
		<guid isPermaLink="false">http://swamplot.com/?p=6812#comment-20749</guid>
		<description>If Dillick owns the place, why hasn't he identified himself as the owner and given us some sort of notice? Why is a COH rep telling the tenants not to pay rent? Stinky, stinky, stinky! In my opinion Dicklick is a scumbag. Regards George Pitner (tenant for 20 years).</description>
		<content:encoded><![CDATA[<p>If Dillick owns the place, why hasn&#8217;t he identified himself as the owner and given us some sort of notice? Why is a COH rep telling the tenants not to pay rent? Stinky, stinky, stinky! In my opinion Dicklick is a scumbag. Regards George Pitner (tenant for 20 years).</p>
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		<title>By: Rebb</title>
		<link>http://swamplot.com/comment-of-the-day-wilshire-village-town-meeting/2009-02-25/#comment-20744</link>
		<dc:creator>Rebb</dc:creator>
		<pubDate>Thu, 26 Feb 2009 00:10:57 +0000</pubDate>
		<guid isPermaLink="false">http://swamplot.com/?p=6812#comment-20744</guid>
		<description>This is for kjb434; how many of these elderly are you taking in?</description>
		<content:encoded><![CDATA[<p>This is for kjb434; how many of these elderly are you taking in?</p>
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		<title>By: kjb434</title>
		<link>http://swamplot.com/comment-of-the-day-wilshire-village-town-meeting/2009-02-25/#comment-20740</link>
		<dc:creator>kjb434</dc:creator>
		<pubDate>Wed, 25 Feb 2009 23:00:07 +0000</pubDate>
		<guid isPermaLink="false">http://swamplot.com/?p=6812#comment-20740</guid>
		<description>RWB,

Did I touch a nerve?  Can't make a real answer so just call me an asshole?

Emme is an example of what I'm talking about making a real difference.  Actually offering help.

I don't have extra room in my home with two room mates and little storage.  I don't even have a truck or vehicle that can carry much.  I've moved people before I barely knew in college because there parents couldn't make it to help.

Time is not something even the developer can control.  Maybe he is working on a financing plan with the bank for re-development.  The bank doesn't really get flexible with time.  It could be out of the developer's hands.   We simple don't know much beyond that.  Maybe the developer is selling the property and the close date set by the buyer and bank are coming soon?

There are groups or churches that can help and often to in this situation.</description>
		<content:encoded><![CDATA[<p>RWB,</p>
<p>Did I touch a nerve?  Can&#8217;t make a real answer so just call me an asshole?</p>
<p>Emme is an example of what I&#8217;m talking about making a real difference.  Actually offering help.</p>
<p>I don&#8217;t have extra room in my home with two room mates and little storage.  I don&#8217;t even have a truck or vehicle that can carry much.  I&#8217;ve moved people before I barely knew in college because there parents couldn&#8217;t make it to help.</p>
<p>Time is not something even the developer can control.  Maybe he is working on a financing plan with the bank for re-development.  The bank doesn&#8217;t really get flexible with time.  It could be out of the developer&#8217;s hands.   We simple don&#8217;t know much beyond that.  Maybe the developer is selling the property and the close date set by the buyer and bank are coming soon?</p>
<p>There are groups or churches that can help and often to in this situation.</p>
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