Hahns Sue City Over Post-Fire Demo
by Melissa Bailey | January 25, 2008 10:55 AM | Permalink | Comments (11)
After a demolition claw destroyed her family’s dreams in the wake of downtown’s historic blaze, Shang-Jin Hahn was left with no business and a bill as high as $2.2 million. She says her family shouldn’t have to pay for what she considers the city’s mistakes.
The Hahns had tried to save their building at 848 Chapel St., where they ran Concord 9 jewelry store until a Dec. 12 three-alarm fire devastated the downtown block between Chapel and Church Streets. The family business wasn’t touched by the fire. But the city deemed it structurally unsafe and, over protests from the owners, tore it down on Jan. 11.
In a lawsuit filed against the city in New Haven Superior Court, Hahn charges that the city damaged her building when it knocked down the Kresge building next door, and didn’t give her enough time to try to save her store.
Click here to read the suit, filed by Bridgeport-based attorney Karen Karpie on Jan. 17. The suit names the city and Building Official Andrew Rizzo, who heads the city’s anti-blight agency.
“They lost their building, and it’s a shame that had to happen,” responded Rizzo in an interview this week. He said the city did all it could to save the jewelry store, but in an emergency, “sometimes you have to take away people’s livelihoods.”
The suit seeks relief from demolition costs, compensatory damages, and the reversal of a demolition order.
Paul Denz, whose group Northside Development, LLC owns the Kresge building, where the fire took place, said he shares the family’s pain.
“I feel bad for them — they were dragged into this,” said Denz this week. “I have the same concern for them that I have for myself about the haste with which this was done.”
When Denz protested the speed of the demolition, Mayor John DeStefano publicly and personally attacked him. (Click here for an account in the Register; click here to read their correspondence.)
Demo Costs Hit Hard
The Hahns, who immigrated to New Haven from Korea, made a livelihood of selling necklaces and earrings out of the landmark former Spector Building a block from the New Haven Green.
Shang-Jin Hahn, now an elderly woman, inherited the business when her husband passed away. Reached at her Westville home, she declined to comment for this story. But those familiar with the family’s situation said she has been left in a tight spot: The business, which the family has relied upon for years as a means to send money to relatives back home, was not insured.
Not all was lost: In the days before a demo crew came in, the city helped the family stash remaining jewels in a nearby bank, according to Rizzo. Much of the inventory was moved to storage.
But the demolition costs — which Rizzo estimated at between $1.5 million to $2.2 million — have fallen to the Hahns in the form of a city lien. “When I condemn a property and have to knock it down, I have to do a lien,” Rizzo explained.
In the lawsuit, the Hahns argue they should be relieved of that lien because of the way the city went about the demo. (Kyle Dugdale, an associate at Knight Architecture at 798 Chapel St., preserved the photographic record with these pictures of the demolition in progress.)
The Magic Beam
In the suit, Hahn claims that a fallen beam, which struck her building and prompted the city to demolish it a week later, was the result of “improper demolition techniques” at the Kresge building next door. Demo next door, with forceful tools such as wrecking ball, caused undue damage to her building, she claims.
“We may have caused some minor damage, some cracks,” replied Rizzo. But he said the building was already “in bad shape” before that beam fell, as far back as Dec. 27.
Rizzo (pictured) said the city “did everything it could” to save the Hahn’s store. When the Hahns were concerned they’d lose out on a key holiday shopping week, the city allowed them to open up every day of the week before Christmas.
Then city engineers walked through the building on Dec. 27 and concluded the old Spector building was on its last legs. The building, which was built in 1900, was so deteriorated it “couldn’t hold itself up,” said Rizzo. Once Kresge was gone, he said, Spector would be so unstable that a strong wind might blow a wall down. On Dec. 31, the city ordered the Hahns to evacuate and prepare for demolition. The Hahns fought the order and urged the city to make sure Spector wouldn’t be hurt by Kresge demolition. Click here to read a letter to that effect.
Rizzo said the city tried to save Spector, even reversing its opinion and saying the building could be saved if part of the Kresge wall were preserved. But then the magic beam fell. That beam, which stretched from Footlocker to Spector, was the last chance holding the Spector building up, said Rizzo. It fell on Jan. 3 in the middle of the night, twisting Kresge on its foundation and crushing all hopes that the jewelry store be saved, according to Rizzo.
“When the beam fell, it became imminent danger,” Rizzo claimed. He gave the Hahns two days to move out. The building came down on Jan 11.
What caused the beam to fall? That question is key in deciding who’ll have to pay for the demo costs, City Hall has said. Rizzo said the beam fell because it was old and “the connections were not good.”
A New Home?
As the Hahns and the city hash out that costly question, the quest continues to find a new location to keep selling Concord 9 jewels.
Rizzo said the city has employed two staff members to help the Hahns find a new home. A spot near Orange and Chapel looks promising, he said.
“The city is not heartless,” Rizzo maintained. He said he feels sorry for the family. “The next piece of jewelry I have to buy, I’ve got to go to them.”
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Comments
Posted by: Esbe
| January 25, 2008 11:26 AM
No insurance? Ouch. I feel very sorry for the Hahn family, but "no insurance" is almost literally playing with fire.
A judge is obviously going to have to decide where what percentage of fault (if any) lies. I don't fault the city for moving quickly with demolition, it would be criminal to simply hope that an unstable building would keep standing -- imagine the outcry if the city delayed and then the building crumbled into Chapel Street, damaging even more adjacent structures.
Posted by: Gary Doyens | January 25, 2008 11:45 AM
The Hahn's have a reasonable case, as does Denz. The city blocked them from any participation in the remedy, and in doing so racked up an unimaginable cost of demolition. I find it hard to believe the demo cost $1.5 million let alone $2.2 million. How can any reasonable person have a swing of $700,000? This is what happens when you don't get bids and when your buddies are doing the work.
In this week when we're all paying our eye bulging property taxes - know that your bill in six months and six months after that will be even higher, in part to runaway spending, in part because of this mess.
Posted by: p | January 25, 2008 12:15 PM
Yeah, not carrying any insurance seems like it was a bad move. From some accounts I have heard the building was in pretty rough shape even if the structure had not been compromised. The upper floors had not been used in decades.
The city could take the property via eminent domain, pay them a fair amount and help Mrs. Hahn move into a new location.
Speaking of liability, is there any update on the cause of the fire that started this, or has answers to that been lost in the rubble?
Posted by: cedarhillresident
| January 25, 2008 1:14 PM
Not insured?! Wow no wonder they are suing. The city is not at fault the building was not well maintained and was in bad shape prior to the fire. The lack of proper maintenance, I am sure is what put this building at risk. At least that is the way I see it I could be wrong. And the city had no choose but to knock it down. It was another possible tragedy waiting to happen. I with ESBE on the fact that what would of happen if and or when this building came down on its own while we waiting for the family to figure out what they could do.
Posted by: TrueBlueCT | January 25, 2008 1:39 PM
$1.5-$2.2Million in demolition costs?? Good Grief!
1) Is that the total for the whole block, or just for Ms. Hahn's building?
2) Let me guess, a no-bid contract?
3) How can there not be an exact figure? What is still undertermined?
Posted by: Your Tax Dollars at Work
| January 25, 2008 2:35 PM
"sometimes you have to take away people's livelihoods." Hey Rizzo: quotes like that do not help you or the City's cause. In the future, you should definitely not talk to the press. You'll be given plenty of time to explain your unique and very dubious positions testifying under oath in forththcoming lawsuits.
Posted by: WEBblog 1
| January 25, 2008 3:02 PM
We knew this law suit was coming, after all wouldn't you suit with the comfort of knowing that the city has lost 10 suits of major consequence in a row. The last being a 500K award to a city park dept.employee who was denied a job at the public works dept. due to age discrimination.
It matters not whether the Hans had insurance, in this case the hans would have to prove to the insurance company that this was an insurable condition. According to Rizzo the building was in deplorable condition for quite some time, however, Rizzo failed to inspect the building and take appropriate action prior to the fire.
It seems to me that the burden of prof lies with Rizzo, and not the Hans.
Posted by: Da Hill | January 25, 2008 6:26 PM
Just Curious,
What is going to be the outcome when someone FOIA's the docs that led to the determination that the building was not salvagable. Rizzo mentioned in an earlier quote that the building engineers determined that the building was at risk for collapse...where is the report. Where is the fire dept report...oddly, the city has effectively recieved what has been wanting from day one...control of that block...Way to go Johnny Boy and Co.
I sure hope they never want anything on my block...cause we would be screwed...
Posted by: Been in most Chapel St buildings | January 25, 2008 8:13 PM
I have been in most of the buildings on Chapel St as an appraiser and city worker. Most buildings hare party walls. Mr. Rizzo and the inspectors were most probably correct in the conclusion that the removal of an adjacent builings would make Hahn's building unsafe. I also know that if no insurance was in place on the building there was absolutely no reason to allow it to stand as a liability.
However, Denz's building, and the removal of that building which was insured, may open the city to liability since a reconstruction contractor could possibly have been able to underpin the old footings at the party wall, thereby salvaging both the adjacent property and the building itself. I am a project manager for a firm that specializes in fire and insurance work, and I believe I, and others, could have done a far better job while keeping some historic New Haven buildings.
Posted by: claws and balls demolition company | January 26, 2008 6:20 AM
Having seen Andy Rizzo interact with members of the Hahn family, I saw firsthand his compassion and interest in their wellbeing and their livelihood. If laws and ordinances require the City to place a lien, and to stand tough and deny responsibility -- then that's a real shame. This should never be a lawsuit, never get to court. As a taxpayer, I support the City and those responsible for the original fire making the Hahn's whole. Let's make any payment to those who are wronged, not to Attorneys. Sit down, play nice, fess up, pay up, no lawsuit.
Posted by: eli | January 27, 2008 10:59 PM
Maybe they can errect a dunkin donuts with a liquor store kiosk in the back where the building stood. ooh - and a subway in the way back. and a wig store upstairs.
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