02/22/10 4:49pm

Did Matthew Dilick, managing partner of the partnership that owns the 7.68-acre site of the former Wilshire Village Apartments, really refer to the long-term tenants of the long-neglected property at the corner of West Alabama and Dunlavy — many of whom had lived in their apartments and paid rent for decades before they were evicted last year — as “squatters”?

In a February 1st affidavit he provided to the 133rd District Court in hopes it might help forestall Wedge Real Estate Finance from foreclosing on the property, Dilick states that “the Plaintiff [Alabama & Dunlavy Ltd., of which Dilick is the general partner] expended considerable time and expense in evicting squatters on the Property.” This just a page or so after declaring his qualifications: “The Plaintiff and/or limited partners of the Plaintiff have owned this Property for over 50 years.”

Gosh, maybe there’s a bit of confusion here? Maybe the “squatters” Dilick is referring to weren’t the actual long-term rent-paying Wilshire Village residents, but some other people he found hiding out in the complex who didn’t have authorization to be there from “the Plaintiff and/or limited partners of the Plaintiff”?

Uh . . . no. By “squatters,” Dilick clearly means Wilshire Village’s long-term residents. The ones he sent eviction notices to; the ones he addressed as “reported occupants” in the release forms he asked them to sign. Otherwise, why should it have taken “considerable time and expense” for Dilick to evict them? How about just . . . “shoo!”?

Neatly left out of the affidavit: The apparent ongoing conflicts Dilick had with Jay Cohen, the sole owner of the property for the bulk of those 50 years. Until they were evicted, the tenants paid their rent to him every month. What’s Cohen’s role?

A person familiar with the situation writes in:

CONTINUE READING THIS STORY

02/18/10 12:45pm

COMMENT OF THE DAY: THE GHOST OF WILSHIRE VILLAGE “Where is Jay Cohen in all of this? Supposedly he sold the property and yet continued to collect rent from the ‘squatters’ as they are referred to by Dilick. Did he, does he, still own an interest in the property?” [Matt Mystery, commenting on Wilshire Village Owners Try To Hold Off the Bank]

02/17/10 6:03pm

River Oaks Examiner reporter Mike Reed makes a valiant stab at deciphering the latest twists in the ongoing legal battle between the owner of the 7.68-acre site at the corner of West Alabama and Dunlavy where the Wilshire Village Apartments stood until last summer and Wedge Real Estate Finance, the lender that’s been trying since then to foreclose on the property. All that time, Matthew Dilick, the managing partner of property owner Alabama & Dunlavy Ltd., has been using a portfolio of delaying tactics to forestall foreclosure — hoping to sell or refinance the property before it’s taken from him and “two unnamed limited partners.”

According to Wedge, a Feb. 2 foreclosure sale marked the fourth month in a row such a sale had been scheduled, only to be halted by court actions.

Conspicuous among the court documents was a check for $1 million from Tour Partners Ltd., of Spring, Texas, to Wedge, dated Jan. 29 with “Alabama Dunlavy funding” written on it. The address on the check matches that of the Augusta Pines Golf Club.

The president of Tour Funding, Dennis Wilkerson, who signed the check, did not return calls from the Examiner. Neither did attorneys for either party in the lawsuit and foreclosure proceedings.

However, a few pieces of the puzzle were available through court documents:

Negotiation to lease the property for use as an H-E-B grocery store have been conducted by a “purchaser” identified as R.H. Abercrombie.

Photo: Swamplot inbox

02/15/10 11:37am

That report we passed on last Friday about the congregation of Immanuel Lutheran Church in the Heights voting to turn its former sanctuary at the corner of Cortlandt and 15th St. into a museum of Lutheran history turns out to have been false. City Council members Edward Gonzalez and Sue Lovell, who announced the decision in a press release, jumped the gun a bit:

Lovell spokesman Tim Brookover said the councilwoman’s office received a report from a preservationist attending the meeting that there had “been a lot of talk about a Lutheran museum” and presumed the church group approved the plan.

Though informally discussed, such a proposal has not been formally presented to the governing board, [board president Ken Bakenhus] said.

But there was some progress at the meeting: The congregation did vote to reject local artist and engineer Gus Kopriva’s proposal to lease the sanctuary and turn it into an art museum, the Chronicle‘s Allan Turner reports.

Bakenhus told Turner late last year that the board was “’99 percent’ in favor” of spending $60,000 to demolish the 1932 brick building. The church has a signed contract to tear down the structure this summer.

Photo: Heights Blog

02/12/10 1:06pm

COMMENT OF THE DAY: ASHBY HIGHRISE GAME ON “Ultimately, the developers used the intricacies of the city code to try to slip this by the neighborhood. Then they complained when the neighborhood used the intricacies of the city code to block it. Boo effin’ hoo.” [Fatt Fistery, commenting on Ashby Highrise Lawsuit: It’s On!]

02/12/10 12:26pm

Swamplot has been covering the whole sorry Wilshire Village debacle since longtime tenants of the decrepit 1940 garden apartment complex at the corner of West Alabama and Dunlavy received a rather curious eviction notice early last year. You can find all our posts on the topic — in reverse order — starting here. But even Swamplot readers haven’t heard the full story of Wilshire Village. It’s now become apparent that — as compelling and absurd a plot as the whole soap opera has seemed to follow — a whole ’nother equally gripping drama was taking place behind the scenes.

Since our last post on the subject earlier this week, a whole bunch of new documents have appeared covering what appears to be an ongoing legal battle over the property between Matthew Dilick and Wedge Real Estate Finance. And they’re all available online here. (Click on the “documents” button to see them — but you’ll need to sign up for a free account to get access.) Frankly, we need your help to sift through all the paperwork and figure out what really happened. There’s a lot to look through, but we’ve already discovered some rather startling details, which we’ll be reporting on soon.

If you’ve got legal training, or just fancy yourself an armchair courthouse sleuth, we’re happy to receive any document summaries or commentary you can send us. But what we’d really like to assemble is a definitive timeline of events. And that’s the format we’d prefer to receive your submissions in: A date, an event, and a specific reference to the document that confirms it.

What’ll it all add up to? Maybe a better picture of the secret real-estate history of one large Inner Loop site in Houston. Maybe — more. Who knows? But we can’t see what the jigsaw puzzle shows until we find all the pieces and fit them together. Can you help?

Photo of apartment at Wilshire Village (now demolished): Katharine Shilcutt

02/12/10 9:47am



Update, 2/15:
As Miz Brooke Smith notes in a comment below, the report turns out not to be true.

The congregation of Immanuel Lutheran Church in the Heights has reversed itself and voted not to tear down its 1932 brick sanctuary building after all, abc13 reports. Instead, they’ve decided to turn it into a museum.

Will it be a Heights art museum, as proposed and promoted by local gallery owner and engineer Gus Kopriva? No. Congregants voted to turn the structure at the corner of 15th and Cortlandt into a museum of Lutheran history.

Photo of Immanuel Lutheran Church, 1448 Cortlandt St.: Flickr user dey37

02/11/10 3:21pm

ASHBY HIGHRISE LAWSUIT: IT’S ON! Gee, who’da thunk it would come to this? “The developers of the Ashby high-rise sued the city of Houston today seeking more than $40 million in compensation after repeated denials of their permit application. ‘The city must learn that it cannot misapply the law to please a select few or to achieve de facto zoning regulations that our community has consistently rejected,’ said Kevin Kirton, the chief executive of Buckhead Investment Partners Inc., the company that sought to build the 23-story tower at 1717 Bissonnet near Rice University.” [Houston Chronicle; previously on Swamplot]

02/10/10 6:01pm

WHAT IT’S LIKE TO LIVE ON CENTER ST. From the Houston Press‘s magnum opus on the Washington Avenue scene: “Drunk people walk through the yard, pee on the house, sit on the porch swing and bark at the dogs. They scream and yell and fight until all hours every Thursday, Friday and Saturday night, and now during the day on Sunday. The music from District can be clearly heard from the driveway. ‘Right now you could go sit in my bedroom and feel how the house just thuds. The windows rattle,’ [longtime Center St. resident and property owner Helen] Espinoza said. There are constant accidents at the nearby intersection. With police focused on Washington, late-night drag racers take to Center Street. Espinoza says she has a hard time getting cops to come at all. [Neighbor Marie] Martinez, meanwhile, spends much of her time fighting new liquor licenses in court. She can’t hold them off forever, though, and while she’s fighting one bar, others pop up. Five liquor licenses are pending in the area right now. As more nightspots open, more people flood into the neighborhood to park. They block driveways or sometimes just use them, tear up the grass and get stuck in the drainage ditches. Marlene Gafrick, the director of city planning, says her department began working on the parking problems in March and has tried to bring each of the 35 to 40 bars and restaurants up to code. She too must hustle to keep pace with the development. Soon after one bar finally agreed to rent a nearby lot, for instance, the lot went under construction. . . . After a long fight, Espinoza finally won ‘No Parking’ signs on her side of the street. The factory across the way put up its own, with chicken wire, along its long and tall chain-link fence. People just cut them down.” [Houston Press]

02/10/10 11:18am

WILSHIRE VILLAGE OWNERS SAY NEVERMIND ABOUT THAT LAWSUIT Those plot twists just keep twisting! The owners of the former Wilshire Village Apartments at the corner of West Alabama and Dunlavy have dropped the lawsuit they filed at the beginning of this month — the one that claimed their about-to-foreclose lender, Wedge Real Estate Finance, interfered with the owners’ attempts to sell the now-vacant 7.68-acre property. Why? Explains a source: “Whether that is because the claim became moot, or was settled, is unknown.” Of course, they can always refile later! [Swamplot inbox; previously on Swamplot]

02/10/10 11:04am

More than 700 of the abandoned or problem properties documented and written up by the Houston Police Dept.’s Neighborhood Protection Corps over the last 3 years belong either to the City of Houston or Harris County agencies, reports 11 News reporter Jeremy Rogalski. Approximately half of those properties are located in 4 not-so-fancy Zip Codes — 77016, 77026, 77028, and 77051 — three of which are in the northeast area of the city.

One piece of the problem: those tax-delinquent properties the county puts up for public auction:

. . . if they don’t sell, it becomes the county’s obligation to maintain them. But [Harris County Facilities & Property Management Chief Administrative Manager Jim] Lemond admits, the county can’t even check them all.

“We have two inspectors whose primary function is to do many other things and not this,” Lemond said.

As for the violations the city writes, there’s another problem: The county claims for years, the city never told it about the violations.

“No that’s not acceptable. Obviously that’s not acceptable,” Lemond said.

He added that his office was puzzled when the city did send over a packet of violation notices in June 2009.

“What are these, and where did they come from and what’s this all about,” Lemond recalled of his reaction.

But Montecella Flaniken, Assistant Director of Field Operations with Neighborhood Protection Corps, maintains the city had been routinely e-mailing the county of violations all along.

Graphic: KHOU.com

02/09/10 6:28pm

Wilshire Village rubberneckers: Pull on over; you are in for quite a treat! The gift that keeps on giving — the tragicomedy of real estate errors at the corner of West Alabama and Dunlavy in Montrose — has come through with another rich round of jaw-dropping twists. It’s up to us to recount and gawk.

We’re still combing through documents filed in the recent lawsuit for more goodies. But a reader who’s a few steps ahead of us has dug into them already and found these gems:

The property has been appraised at $26.8 million. Alabama & Dunlavy (“the partnership”) claim that they were jerked around by Wedge [Real Estate Finance, LLC] as follows:

At the instruction of Wedge, the partnership demolished the buildings on the property. They did this in an effort to prepare the site for development and increase its value by “millions of dollars.” Wedge demanded that this be done because Wedge purchased the Amegy $10 million loan, held the $3 million Wedge loan, and wanted to foreclose. Wedge allegedly stated that if the partnership demolished the buildings and increased the value of the property, Wedge would work with the partnership to avoid foreclosure.

So, the partnership – at great expense – “evicted squatters” and demolished the buildings. But, alas, Wedge decided to foreclose on the partnership and also seize $1,000,000 the partnership held in an amegy account that the partnership planned to use to help fund development.

Among the juicy tidbits…

What? There’s more!?

CONTINUE READING THIS STORY

02/09/10 2:57pm

Swamplot is hearing a couple of unconfirmed items about Wilshire Village, the 7.68-acre site at the corner of West Alabama and Dunlavy that’s sat vacant since the 70-year-old yellow-brick garden apartment buildings long left to decay on the site were cleared of their pesky tenants and torn down last year.

First comes a source telling us that on February 2nd the property was somehow foreclosed on — despite the fact that the the owner of the property, an entity called Alabama & Dunlavy Ltd., declared bankruptcy back in November for the apparent express purpose of avoiding such an event.

The next item is even more fun: There’s a lawsuit!

CONTINUE READING THIS STORY

02/01/10 10:03am

A loyal Swamplot tipster alerts us to a copy of a letter that appeared on a neighborhood email list late last week. The letter is signed by Mark Thuesen, president of the condominium association at the 2520 Robinhood at Kirby condos. Loyal Swamplot readers, of course, will recognize that name — Thuesen is one of 3 condo residents named in a lawsuit by the owners of Hans’ Bier Haus, the little outdoorish bar that’s next door to the 16-story Rice Village residential tower. The lawsuit claims that Theusen and 2 others attacked patrons at the bar several times, throwing beer cans, bottles, and eggs at them from above, as well as spraying performing musicians with water.

Unsurprisingly, Thuesen does not specifically mention those allegations in his letter, which we presume is meant for fellow condo residents. But he is kind enough to include a copy of the temporary injunction handed down by Judge Patricia Hancock last week, which specifically prohibits Theusen [sic], 2 codefendants, and all residents of 2520 Robinhood from “throwing any sort of object whatsoever” or “intentionally running or pouring water or any other liquid upon” Hans’ Bier Haus.

Thuesen does, however, draw attention to the now-famous incident on December 13th of last year, in which Hans’ Bier Haus co-owner Bill Cave stormed into the condo lobby and dragged the concierge by his tie into an elevator — on a quest to turn off the water that was spraying onto bar patrons and musicians from a hose connected to the patio of an upper-story condo resident:

CONTINUE READING THIS STORY