Dixwell Blight Battle Heads To Court

Paul Bass Photo

235 Winchester Ave.

An 18-year-and-counting blight stalemate continues on an otherwise reviving stretch of Winchester Avenue — but now a lender and the city have gone to court to call the question.

The stalemate involves two properties on Winchester between Tilton and Henry, near Science Park.

Both a private lender and the city government have filed foreclosure lawsuits on the properties.

The properties have remained vacant and blighted, in one case dangerously blighted since the mid-aughts, while property owners have fixed up homes all around them.

Kenny Hill, the former Yale football star and NFL cornerback-turned-developer who owns the properties, remains in a decades-long fight with the city over conditions on the properties, an old dispute over a lead paint grant, and whether he’ll ever follow through on promises to rebuild one demolished 12-unit apartment building at 235 Winchester and renovate a fire-gutted 12-unit apartment building at the corner of Tilton.

Backyard of 201 Winchester.

Hill’s permits to do work on 201 Winchester have expired, meanwhile. No work has taken place there since last year, though debris and an unused port-a-potty remain on site. The city stepped in to fence off the debris-filled swimming-pool sized hole behind the stand-alone brick facade at 235 Winchester to eliminate the risk of, say, kids wandering in and cracking their heads falling into the pit. (Click here for a look at the status of the blocks in January 2021.)

City government’s anti-blight agency, the Livable City Initiative, filed a lien on 235 Winchester on March 11 and again on May 18 for $9,985 it spent securing the property.

On May 4, the city filed a complaint in Superior Court against Hill’s development company, MBLA LLC, seeking to foreclose on 201 Winchester due to $7,839 in unpaid property taxes from 2019 and $13,985 in unpaid taxes from 2020. Hill has not filed an appearance in court; on June 3 a motion was granted to order him in default for failure to appear in court.

Meanwhile, a separate foreclosure action is pending on both properties against Hill’s MBLA (also known as MBMB LLC), filed by Southport-based Stormfield Capital Funding LLC. Stormfield stated in its filing that Hill has defaulted on a $2.7 million loan he obtained for the purpose of finally getting construction going.

Hill’s attorney, Brian D. Rich of the law firm Halloran & Sage, offered a special defense in a filing in the Stormfield case.

Rich wrote that Stormfield has unclean hands in that it and/or its predecessor sought to manufacture a default by failing to make required advances that would have resulted in full payment of the debt, rendering enforcement of this action inequitable.”

[T]he failure of Plaintiff and/or its predecessor to make advances during the global pandemic, and the subsequent pursuit of a default premised on that refusal, constitutes a breach of the implied convenant of good faith and fair dealing, precluding foreclosure as a matter of equity,” Rich added.

201 Winchester.

The filings don’t mean neighbors, who have watched the stalemate with dismay since the mid-2000s, will necessarily see a resolution soon.

City economic development chief Mike Piscitelli is working on all fronts to try to move the process forward.

We were all encouraged when he obtained some financing and they were out there working. Then again it went dark,” Piscitelli told the Independent. This is frustrating at the four corners of our regulatory authority” — anti-blight work, building department permitting, tax collection, and outside legal proceedings.

Contacted Wednesday, Hill declined an interview. He did say he still hopes to resume construction. He said he has lost millions of dollars trying to do good things for the city. There is a lot of nonsense going on downtown. I have gotten totally screwed.”

He blames the city for the stalemate — especially for forcing him, he said, to use a preferred, incompetent contractor to remove lead paint at 235 Winchester under a $168,000 city grant. That was back in 2004. Amid lawsuit threats from Hill, several LCI directors have sought to reach an agreement with Hill to resolve the issue, but came up short. Last August the city did file paperwork signed by Mayor Justin Elicker releasing Hill’s company from any liability connected to the $168,000 lead grant.

Dixwell Alder Jeanette Morrison called the foreclosure filings very relieving for me. I’m glad they continued to stay on it. Blight is a big concern; we all have a right to live in a beautiful area. This is a step. These types of things, when it comes to housing, take a very long time. I don’t really know why.” She praised the city for responding to her complaints and those of the neighbors.

Paul Bass File Photo

Neighbor Lentini by the 201 Winchester "construction" site.

Nina Lentini, whose home on Tilton Street abuts 201 Winchester, expressed dismay at a years-long stalemate leaving a dump next door.

It feels frustrating and infuriating. I’m ashamed of it when we have guests. I am devoid of hope because I have turned to every city official I can think of, including the mayor, and nothing gets resolved,” she stated.

We invested in New Haven when we moved here and bought a property and built a house. I truly love this city and am very sad to have to deal with a self-involved, self-entitled individual who cares not a whit for his neighbors.”

Paul Bass File Photo

Kenny Hill.

Previous Independent coverage of this story: 

Blight Battle Continues On Dixwell Block
The Lot The Boom Forgot
Blight Battle Breakthrough
Rebuilding Plans Set For Orphan Block
A Decade Later, Much Changed. Not Everything
In Science Park’s Shadow, City Tackles Blight
City: Eyesore Coming Down
Here’s what $150,000 Got Us
From the NFL to Wooster Square

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