Pittsfield Won't Have to Compensate for Illegal Demolition
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PITTSFIELD, Mass. — A Superior Court judge has found the city of Pittsfield doesn't have to pay the value of an illegal demolition of an apartment building in April 2010.
The owner of the building at 11-15 Melville St., Pesu Inc., with Madeline C. Culpo listed as president, sued the city and the Board of Health in 2012, claiming the demolition process had been done improperly.
The building had reportedly been condemned after years of code violations but the order was lifted to allow the occupants time to move. As grounds for the litigation, Pesu argued that the demolition was invalid because the Health Department under the prior administration failed to comply with the procedure required for demolition and it was owed $125,000, the value of the building.
The city took the position that the structure had been severely deteriorated over the years and therefore was worth zero dollars.
After a trial, Judge Daniel Ford agreed that the demolition was illegal and the lien must be removed, but that the value of the structure prior to its demolition was worth zero dollars and ordered that the city was to pay no monetary damages.
Earlier this year, the city dropped a lawsuit against attorney Richard M. Dohoney, who, as city solicitor at the time, had advised the demolition was legal.
Tags: BOH, demolition, lawsuit,
