Paul Post vs City of Tacoma - And Post Wins?
The TNT reported yesterday that Paul Post, Tacoma’s most infamous landlord, won a case against the City.
There was no dispute in the facts of the case. Mr. Post has a couple dozen rental properties that are in disrepair or derelict. He was fined. He was fined again. Some properties were supposedly worked on. Others were not. The amount owed escalated into the hundreds of thousands of dollars. Up to this point, Post has lost at each stage of his lawsuit. Well …
The State Supreme Court faulted the City of Tacoma for the inability of Mr. Post to appeal the escalating fines.
Post filed suit against the city in 2005 to avoid paying the fines. After the state Court of Appeals ruled against him, he petitioned the Supreme Court that the city’s fines were unconstitutional.
In the majority opinion Thursday, Justice Jim Johnson concluded the parts of city code that “authorize the unlimited and unreviewable issuance and enforcement of subsequent civil infractions and penalties without any system of procedural safeguards are unconstitutional on their face and as applied to Post.”
Hmmm… Where do we go from here?
Link to The News Tribune
For those that want to go straight to the source:
POST v. CITY OF TACOMA
Filed under: General
10 comments
N NSHDscott October 16, 2009
Get the policies in order and start over again with fines that will hold up in court. Yet another failure of our City. It’s getting old, quick.
R Richard October 16, 2009
And another questionable city policy is exposed, this one to bankrupt its citizenry into capitulation.
A Altered Chords October 16, 2009
I do not like crappy landlords who let places fall apart and don’t care because they are renting the place for pennies or to gangs who don’t pay anyway.
If the city can board a place up because of “Code Violations” and kick out the gang that was living there – then I say that is awesome.
Let this guy buy the house next to yours and let if fall to pieces with a gang selling crack and shooting at people, then you can tell me that the city is bankrupting our citizenry.
C crenshaw sepulveda October 16, 2009
This probably doesn’t bode well for the City collecting all those fines on the billboards. Where did our city attorney get his law degree?
M Mofo from the Hood October 16, 2009
AC, let us all know when the county increases your property tax so high that you can no longer afford to own real property.
What’s that song? “This land is my land, This land is your land, This land belongs to you and me!”
R RR Anderson October 16, 2009
“There was a big high wall there that tried to stop me;
Sign was painted, it said private property;
But on the back side it didn’t say nothing;
That side was made for you and me.”
E Erik B. October 16, 2009
The city needs to get off of the ground after the loss, modify their ordinance again so there is a sufficient appeal process start the inspection process again.
A Altered Chords October 16, 2009
OK – I’ll let you know.
L LD October 17, 2009
I investigated this situation for a piece I wrote several years ago. I was appalled at the rough-shod land-use tactics used by the City of Tacoma.
Even ugly properties have owners. Seemed to me like the city was making clever and strategic use of selective over-enforcement. This fellow Post was just one; most are small-time owners with no recourse.
If a municipality is serious about helping small owners and down-at-the-heels neighborhoods, there are helpful ways to go about it. These enforcement methods are anything but.
N North Ender October 17, 2009
The city is all talk when it comes to derelict properties. There is an abandoned house at 617 N Cedar that has been vacant for at least two years. Over time the owner, Paul Schroeder, has removed the chimney, the rails on the porch and the windows- it is hideous. Neighbours have been calling Tacoma CARES and emailing complaints- an inspection was finally done in May- nothing has happened- the absentee landlord has done nothing. With this ruling- more houses will be abandoned and left to rot.