North Philly real estate owners sue owners of adjacent properties over 'nuisance' factors

By Jon Campisi | May 16, 2012

The owners of a piece of real estate in North Philadelphia have filed a civil complaint against the owners of two adjacent properties, alleging the defendant has failed to take the proper remedial steps to ensure the plaintiff’s land will be kept safe from the dangers posed by the conditions of the defendant’s properties.

Philadelphia attorneys Jonathan W. Hugg and Nolan G. Shenai, of the law firm Thorp Reed & Armstrong, filed the lawsuit May 7 at the Philadelphia Court of Common Pleas on behalf of an entity known as 1238 N. 28th Street Partners L.P.

The defendant named in the case is Celestial Community Development Corp. Inc., which owns two properties that abut the plaintiff’s real estate, one at 2808 W. Thompson St. and the other at 1257 N. Newkirk St.

The lawsuit, which states that the respective properties are immediately adjacent to each other, claims that Celestial’s properties are “unstable, unsound and at risk of collapse,” and pose an immediate threat to the 1238 N. 28th St. property.

“The defective portions of the Celestial Properties must be demolished immediately to prevent injury and harm threatened by their dangerous condition,” the complaint states.

The plaintiff notified Celestial of the dangerous conditions of the defendant’s properties on Jan. 23 of this year, the suit claims, but Celestial failed to respond and remedy the defective and hazardous conditions on its properties.

Further construction undertaken by Celestial has “exacerbated” the defective and dangerous conditions on the defendant’s property, the lawsuit states.

Late last month, the plaintiff hand-delivered Celestial a Notice of Defective and Dangerous Property Condition demanding that the defendant take remedial action to resolve the issues at its property within 48 hours, the lawsuit states.

And the Philadelphia Department of Licenses & Inspection has directed Celestial to make its property safe, but the defendant has ignored all calls to improve the conditions on its properties, the lawsuit claims.

“Celestial’s failure to remedy the defective and dangerous condition on the Celestial Properties constitutes a serious and immediate threat to the use and safety of the 1238 Property and efforts by 1238 Partners to develop it,” the lawsuit states.

The lawsuit contains a count of private nuisance in which the plaintiff accuses the defendant of intentional, knowing and reckless conduct that has created a hardship for the plaintiff.

The defendant’s conduct, the lawsuit states, is “significantly and materially” encroaching on the plaintiff’s interest in the private use and enjoyment of the 1238 N. 28th St. property.

The plaintiff seeks declaratory judgment that Celestial Community Development Corp. must immediately cure the dangerous and defective condition on its property.

The plaintiff also seeks compensatory damages in excess of $50,000, unspecified punitive damages and related court costs.


The case ID number is 120500141. 

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