Apartment representatives file lawsuit against county
March 30, 2005
Corina E. Rivera
Staff Writer

Allison Pasek/The Gazette

A man hurries past the leasing office of the University Gardens Apartment Complex in Adelphi on Wednesday. Southern Management Corp., which owns the complex, is suing the county in response to County Executive Jack Johnson's threat to condemn 22 apartment buildings.



Declaring statements made by County Executive Jack Johnson to be false, Southern Management Corp., which owns 27 apartment communities in Prince George's County, filed an $18 million lawsuit on Tuesday, asking for compensatory damages.

Johnson and Prince George's County were named as the defendants in the lawsuit, which was filed following Johnson's threat to condemn 22 buildings he described as "bastions of crime."

The lawsuit lists four counts, one of them accusing Johnson and the county of intentional interference with business relations and another for breach of contract.

Three of the corporation's properties are named as plaintiffs. Two of them, University Gardens Apartments in Adelphi and Hampshire Village Apartments in Langley Park, were on the list of apartment buildings named in Johnson's March 14 list. The third, Penn Southern Apartments, was mentioned in an earlier press conference Johnson held, said David Hillman, the corporation's chairman.

According to the lawsuit, a copy of which The Gazette obtained, Johnson's statements, as well as his and the county's actions, were calculated to cause a "loss or harm" to plaintiffs' business.

The statements were made and the actions were taken with the intention of identifying the plaintiffs and their property as dangerous, the lawsuit claimed.

As a result of the statements, Southern Management stated, "potential lessees would not execute leases with plaintiffs, plaintiffs' creditors would discontinue extending plaintiffs credit, and ... those individuals who already have leased agreements with plaintiffs would vacate the property ... [which] would lead to a diminution in value to plaintiffs' properties, making it more ripe for contemplated condemnation."

The lawsuit also noted a 1988 agreement between the apartments which are members of the Apartment and Office Building Association (AOBA), the county and then county executive, to increase the number of police officers on patrol in the county and on and around the properties.

The lawsuit alleged the county and Johnson "have failed to increase the number of police officers on patrol." It adds, "The failure to provide increased police officers on patrol as required by the agreement constitutes a material breach of contract which is unjustified and without excuse."

County spokesman James Keary said Wednesday the county had received a letter of intent to file a lawsuit from the properties' representatives, but not the actual lawsuit.

Keary told The Gazette Wednesday that some apartment owners have sent out notices to residents misrepresenting the county executive's plan.

"All the county executive is trying to do is improve the quality of life of all residents of Prince George's County, those who live in apartment complexes, those who live near the apartments, and all the rest of the people in the county," Keary said. "All the county executive has done is hold the owners accountable and he has said he will meet with them where they can work together to address any problems in those complexes."

By and large, he said, the majority of the owners are planning to meet with Johnson and work with the county to ensure that residents have high-quality homes that are safe.

"Why would anybody oppose that?" Keary asked.

E-mail Corina E. Rivera at crivera@gazette.net.

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