The Saga of Songhai City - A Quiet Victory over Eminent Domain

A Quiet Victory over Eminent Domain

(this article taken from the most recent edition of the newsletter of the African American Business and Residents Association in Brewerytown)

Redevelopment Authority reverses seizure of Songhai City Cultural Center at 3117-27 Master Street after intense public pressure and an uncertain future in Commonwealth Court.

On Friday, July 28, 2006, the Redevelopment Authority of Philadelphia (RDA) signed an agreement to withdraw the eminent domain taking of 3117-27 Master Street, returning the property to its former owner, Al Alston, who is President of Brewerytown' African-American Business & Residents Association (AABRA). This effectively ends one of city' most bitterly contested and controversial eminent domain cases. AABRA' use of the facility for cultural enrichment, career training for residents, business and job creation, community meetings and disaster preparedness is now uncontested.

However, the RDA continues to condemn properties in Brewerytown, nearby Strawberry Mansion and other parts of North Philadelphia, while city government continues to favor policies that promote the creation of upper-income communities at the expense of investment in existing residents and businesses. Far from celebrating what many deemed an impossible victory only weeks ago, AABRA and much of Brewerytown are focused on continuing their plans for community development, albeit with occasional sighs of relief.

What is Eminent Domain? Rooted in the Fifth Amendment to the US Constitution, eminent domain is the power of a government to take your property for a public purpose. In Philadelphia, that purpose is typically for the redevelopment of areas certified by the Philadelphia Planning Commission to be blighted. Unfortunately, the term blightdoes not always mean a rundownor unpleasant building or neighborhood. Often, it means an area that is less dense than desired or which has a use deemed obsolete. The subjectivity of the term blighteffectively allows the Planning Commission and the RDA to use eminent domain virtually anywhere a powerful politician or wealthy developer wants to demolish your property for their own development uses. Your ultimate compensation will tend to be far less than the market value of your property and the disruption to your life will be extreme.

AABRA' Plans before the RDA' Seizure On June 9, 2004, AABRA went before the Philadelphia City Council to propose an alternative to the upper-income Westrum Development Corporation community rumored for the 31st & Thompson vicinity. Called Songhai City, this development would create hundreds of businesses, entrepreneurial opportunities and living wage jobs; employment skills training, word processing and computers skills training, GED and adult literacy programs, trades apprenticeships; restaurants, offices, a shopping strip. It would also create numerous culturally relevant venues in this 94% African-American community of Brewerytown, including new stables for the iconoclastic Black Cowboysevicted by the RDA in January 2004. No government funding would be required or sought. No displacement of local residents would be needed. No eminent domain undertaken. One of the key locations for Phase I was 3117 Master Street.

Regrettably, the City Council ignored the community' presentation and, in a later deposition, RDA executive Michael Koonce acknowledged that the RDA never seriously examined the plan or any of its revisions.

On May 16, 2005, AABRA President Alston, having sold several of his properties to raise the required revenue, purchased 3117 Master Street with the stated objective of creating the first facility in the Songhai City concept. On June 22, 2005, the RDA filed a Declaration of Taking to seize 3117 Master Street under Pennsylvania' eminent domain statutes.

How AABRA' Fought the Seizure – Four Acts AABRA analyzed the state of the community, in light of the eminent domain taking, and concluded that its efforts were the only grass roots development activities dedicated to the existing community. If Songhai City, even in limited form, were not created, then no significant community development would occur in Brewerytown. Also, Westrum would have free reign to build upper-income housing from Girard Avenue to as far north as Oxford Street, or even Cecil B. Moore Avenue. There would be no place for the long-suffering existing community in the new Westrum enclave. After Westrum completed its housing, the economic pressures on rental prices, real estate prices and corresponding real estate taxes would move eastward to as far as 25th Street, threatening to consume all of Brewerytown. In essence, AABRA decided that it had to draw the line at Master Street and force Westrum to stop there or build around the new facility. The former was preferable, but the latter would mean that any new Westrum developments north of Master Street would automatically be integrated into the existing community. AABRA formulated a strategy that took nothing for granted.

AABRA searched the Common Pleas Court files for other eminent cases and learned that when property owners fight the RDA, they tend to prevail approximately one-third of the time (though admittedly small sample sizes were studied). Therefore, the first commitment was to fight the RDA vigorously in the courts.

Secondly, AABRA learned from depositions of RDA Executive Director Herb Wetzel and Director of Real Estate Services Michael Koonce that properties taken by the RDA are typically returned to their owners when a full rehab has been completed. Therefore, AABRA' second commitment was to renovate the property fully and as quickly as possible.

Third, AABRA studied the publications of Castle Coalition (http://www.castlecoalition.org), an anti-eminent domain abuse organization. Of particular interest was the emphasis on political and media attention to an eminent domain matter. Often, these cases are won or lost not in a court of law, but in the court of public opinion. This was evidenced locally by the groundbreaking work of Rosemary Cubas and Lisa Sigurres of the Community Leadership Institute (CLI), based in North Philadelphia. So, the third commitment was to pressure the RDA and elected officials relentlessly through direct communication, through allies within the community activist community, and by keeping the story alive in the media.

Finally, the RDA was pursuing another eminent domain matter against 1228 N. 30th Street, a property also owned by AABRA President Alston. Because that case was filed two years earlier, AABRA decided to use it to learn as much about the RDA and the eminent domain process as possible. All seven of the depositions held by Mr. Alston in that case, for instance, were actually being used, in large measure, to advance the cause of the 3117 Master matter. Many key arguments would be tested there first.

Results of the Strategy AABRA immediately began hiring local youth and skilled personnel to transform the building from a warehouse structure to a state-of-the-art community facility. After removing tons of debris, a new roof, new plumbing infrastructure, new blacktop on the large sideyard were added. The bathrooms and kitchen were totally renovated. The main room was rehabbed to be a first-rate meeting space.

Unfortunately, some of the individuals hired had objectives that differed from AABRA'. One Master Plumber, Mr. Richard Lawrence, suddenly left the job site after receiving an advance payment on the final work to be completed. Two months after that abandonment, Mr. Lawrence was heard saying we’re gonna get that building from you. Who he meant by wewas unclear, but the only party formally gettingthe building from AABRA was the RDA. Was Mr. Lawrence working with the RDA in some capacity? The RDA' counsel indicated that he was unaware of any such linkage.

Simultaneously with the reconstruction efforts, we attempted to retain legal counsel. However, our community activism made this impossible.

Because the taking was directed against the owner of the property, not AABRA, which was technically a tenant, Mr. Alston was forced to defend the property in court – pro se (without counsel). Unfortunately, we found that the courts would often ignore his pleadings or treat them with contempt. Common Pleas Court Judge Gary Glazer, for instance, refused to grant a single continuance, although Mr. Alston & AABRA were fighting four other zoning and eminent domain cases simultaneously, all without the benefit of counsel. Commonwealth Court refused to grant oral arguments in the 1228 N. 30th Street case. We later learned from a court insider that Commonwealth Court almost never grants oral arguments to pro se litigants because it believes they will not be prepared and will wastethe court' time.

AABRA conducted numerous letter-writing campaigns to local, state and federal elected officials. Regrettably, most went unacknowledged and unanswered. However, after the major renovations were completed, three state officials did reply and offered indirect assistance. They all expressed surprise that the RDA would continue to pursue the eminent domain matter even though the property had been thoroughly renovated.

The major breaks in the case occurred beginning in late February 2006. As a result of one series of letters, an aide to a prominent Republican state legislator communicated with Mr. Wetzel and obtained a statement that Fifth District Councilman Darrell Clarke would visit the 3117 Master Street facility and that the RDA would remain neutral in the question of halting the proceedings. Mr. Wetzel also repeated that statement to Mr. Alston at a community meeting on March 23, 2006. Unfortunately, Mr. Clarke failed to come to the facility or even acknowledge numerous emails and certified letters sent by AABRA.

For the first time in the proceedings, AABRA went on the offensive, asking Commonwealth Court to stay the proceedings until Councilman Clarke visited the facility and made a good faith report to the RDA. The RDA replied to the court that the Councilman had never promised to visit the facility, that no Councilperson has any authority whatsoever in eminent domain proceedings and that the RDA had never made any commitments to remain neutral in the proceedings.

Unfortunately for the RDA, a second highly-placed state official was simultaneously responding to yet another round of letters from AABRA. He visited the facility and documented his findings in a report to Governor Rendell. That report cited Mr. Wetzel himself as a source for the assertions that AABRA had already made to the court. AABRA presented a perjury allegation to the court on June 8 & 15, 2006. The court was clearly considering the allegation through the very day that the RDA relinquished the property.

Councilman Clarke eventually did visit the facility in late June 2006, though he made no statement about the level or quality of our renovations. We later learned that Councilman Clarke reversed his previous support for the taking. Finally, just two days after Councilman Clarke' visit, a group of community activists called the Community Preservation Network held a rally outside the RDA headquarters and City Hall. It highlighted numerous eminent domain cases, including 3117 Master Street.

One week later, the RDA made a single offer to end the proceedings: they would return 3117 Master Street to Mr. Alston, but only if they could keep Mr. Alston' other property taken through eminent domain, 1228 N. 30th Street. An RDA insider admitted that they believed they would lose the 1228 N. 30th Street case, but felt more confident about the 3117 case. Mr. Alston initially rejected the offer protesting that neither case had merit and that the linkage was inconsistent with the eminent domain code. Ultimately, Mr. Alston signed the agreement under duress so that AABRA' community development could continue without delay.

Why the RDA Stopped the Proceedings We believe that the RDA terminated the proceedings because the pressure from all sides was mounting and was overwhelming. Once Councilman Clarke admirably responded to intense community and political pressure at the dawn of the 2007 election season to visit the facility and made his report to the RDA, the RDA was without a shield. The Community Preservation Network' demonstration and the resulting positive media coverage increased the heat. The disposition of at least one of the two eminent domain cases against Mr. Alston was clearly not in the RDA' favor, by the admission of a source within the RDA. They either had to return 3117 Master or risk losing both cases – possibly even being subjected to a perjury finding.

Of course, if we were to give the RDA the benefit of the doubt, we could argue that they finally relented because it was simply the right thing to do. (But, does that sound like the RDA we all know?)

An Expensive and Painful Triumph One reason that Mr. Alston is not celebrating the return of this facility is that the year-long battle has cost him dearly. He spent more than 1,200 hours fighting the court battles in the 3117 Master Street case and approximately 1,500 hours fighting the 1228 N. 30th Street case. This prevented him from earning his customary living as a software developer. He had to sell and/or refinance real estate that he greatly valued so that he could acquire and renovate 3117 Master Street. He has mounting health issues that have likely taken years off his life. And, after this intense struggle, he and AABRA are merely at the point where most community efforts begin – they can now help their community.

It was as though the RDA, city, developers and much of the media decided that improving life for the people of Brewerytown simply had to be prevented. And with such a cynical objective, why would they stop now?

Clearly, it is not the time for celebration. It is time to take stock of those who believe that we do not deserve to remain in North Philadelphia. It is time to redouble our efforts at community self-improvement. It is time to understand that our campaign must enter a new and more dynamic phase if we are to achieve our own mission of ensuring that the long-time residents of our community not only remain here, but prosper here.

Future RDA and Councilman Clarke Interactions – Engagement? The fact that the RDA has returned 3117 Master Street to its rightful owner does not mean that they have altered their eminent domain practices. In fact, in this edition of AABRA Update!, we chronicle a recent taking of scores of properties in North Philadelphia. The community never consented to this taking. Until the RDA works in the community interest, AABRA must continue to publicize their activities and to oppose them. The same can be said for Councilman Clarke, who supported the taking of 3117 Master Street before doing the right thing and reversing himself.

However, we have concluded that the most effective strategy for opposing anti-community activities of the RDA and our elected officials is to attempt to greet them with generosity and engagement. Therefore, we will attempt to setup a series of meetings with both Mr. Wetzel and Councilman Clarke to present our concerns and to suggest policy changes that will work in the community' interest.

There might, of necessity, be new or continued litigation over past activities. However, we would like to move forward with a far more constructive relationship.

Next Steps for AABRA The Songhai City Cultural Center has already been the host of numerous community meetings, planning meetings for AABRA, AABRA CDC and the Community Preservation Network. It will host twice a week bingo fundraisers beginning Saturday, August 5, 2006. It will also host frequent exhibitions of local musical, performance and visual art talent. In late September, it will begin to offer introductory and intermediate computer use training classes. Also in the fall, it will begin hosting CPR and disaster preparedness training classes. Ultimately, business development training seminars, employment counseling and job-fairs will be mainstays.

The more exciting community development work will be associated with AABRA' training in the trades. AABRA is forming public-private partnerships which will create new ventures and numerous employment prospects for local residents. We will announce them shortly.

In summary, the end of the eminent domain proceedings against 3117 Master Street has cemented Songhai City Cultural Center as the venue for decades of community development, community notification and participation, and cultural conservation. However, we will remain vigilant.