Saturday, December 15, 2007
By
BRAD CROCKER
The
But city officials and
residents say it's false advertising and a stalling tactic by property owner
Johnny Whitehead to prolong his appeal of the city's decision to demolish
the 15 vacant, dilapidated buildings situated on about 15 acres of land at
The center, located in
the heart of town, was a booming economic area for
During a March 2006 City
Council meeting -- about three months after the City Council unanimously
voted for demolition -- Whitehead argued that the center's buildings were
sound. He later filed a lawsuit in chancery court accusing the city of
"running off" the businesses that were left there at the time and violating
their constitutional rights.
That case, which will be
decided by a judge, also includes Whitehead's request for a temporary
restraining order against demolition because he said he wants the buildings
repaired not torn down. He is also asking the court for compensatory damages
be paid by the city for lost tenants.
During that same hearing
and in subsequent court documents, city building official Steve Mitchell
provided photos and documents depicting damaged building facades in danger
of collapse, exposed electrical wiring, extensive roof and structural
damages, water intrusion with mold present, debris and trash throughout the
property, collapsed lighting poles and broken glass and windows.
Mitchell's court papers
also stated that the property does not comply with international property
maintenance codes or the city's codes. He said this week that buildings are
still unsecured and no building plans have been submitted for future
redevelopment.
Louis Fortenberry, who is
marketing the property for Whitehead, argued that the council had an
opportunity in April to accept a Michigan-based company's proposal to build
200 stacked condo units, ranging from $110,000 to $150,000, plus commercial
and retail spaces in the center.
Fortenberry said this
week that the developers got cold feet after the city's demolition orders.
He added that a new apartment complex was proposed by a separate developer
last year, but the council rejected the plan after opposition by many
residents in the nearby Pinecrest subdivision.
Mayor Matthew Avara said
the city is not against development but called the Belair center "an eyesore
for many years now."
Meanwhile, Mitchell,
Avara and citizens have praised current work associated with the
redevelopment of the former Charles Warner public housing complex located
across the street from the Belair center.
All 142 buildings in that
neighborhood, created more than 50 years ago, have been demolished to make
way for two new gated apartment complexes --
The $30 million project,
headed up by Realtex Development Corp., will take about 18 months to
complete.
Avara stressed that
redevelopment of the Belair and Charles Warner sites needs to complement one
another to "change not only the character of that entire area ... but
improve the city as a whole for generations to come."
Some residents have sided
with the city.
Nonette Hall lives near
both sites. She said she too has been impressed with the work at Charles
Warner but was "left to wondering" about the Belair site's future.
"Mr. Whitehead needs to
tear that whole place down," 55-year-old Hall said. "It's not safe, it's not
healthy, and it gives the city a bad name."
Hall said she noticed
that the Mississippi Band of Choctaw Indians used numerous pictures of the
Belair center's buildings during their TV ads trying to convince
The ad's pictorial
message depicted a "status quo" of government leaders allowing dilapidated,
vacant buildings to remain.
"Those buildings ain't
no-where near Ocean Springs, but it made it look bad for
Whitehead said this week
he thinks it "may be a long, long time" before the city gets its wish to
tear down the center.
Judge D. Neil Harris is
the judge of record currently but no new court hearing has not been set,
according to chancery court files.
"We hope the judge sees
what we're trying to do," Mitchell said.
