House demolished despite injunction, lawsuit claims

Kelly Holleran May 18, 2010, 7:52am

A Beaumont woman claims a demolition company razed a home she purchased despite an addendum ordering the company to refrain from such an action.

Sandra Ledesma filed a lawsuit May 5 in Jefferson County District Court against Albert Dill doing business as Jay Dill Trucking.

Ledesma claims she purchased a home at 4070 Harding Ave. in Beaumont on June 24 from Carl Adams for $15,000. Although she knew the home needed significant repairs, Ledesma did not realize the city of Beaumont had scheduled it for demolition until she attempted to obtain a permit for electrical work from the city on Sept. 21, according to the complaint.

"After talking with Quentin D. Price, the assistant city attorney for the City of Beaumont, Plaintiff entered into an agreement with the City of Beaumont wherein the City agreed that it would not demolish the structure located at 4070 Harding if a Certificate of Occupancy was obtained by November 22, 2009," the suit states. "This agreement was extended until December 22, 2009. On September 24, 2009, Plaintiff began repairs on the home."

Meanwhile, the city placed a notice for bids of the demolition of the home, which Dill accepted on Sept. 15, the complaint says. The city notified Dill on Sept. 22 that it could not demolish the structure pursuant to an injunction, Ledesma claims.

Despite the notification, Dill demolished the home on Oct. 1, 2009, according to the complaint.

Because of the unwarranted demolition, Ledesma will incur costs to rebuild the property and costs for replacement of damaged goods inside it, the suit states.

She blames Dill for negligently failing to comply with the addendum provided to it, for failing to determine whether a property had been removed from the city's demolition list before demolishing it, for failing to observe that repairs were being made to the property before it demolished it and for demolishing the property when it was no longer proper to do so.

In her complaint, Ledesma seeks actual and exemplary damages, plus pre- and post-judgment interest, costs, attorneys' fees and other relief the court deems just.

Mitchell A. Toups of Weller, Green, Toups and Terrell in Beaumont will be representing her.

The case has been assigned to Judge Donald Floyd, 172nd District Court.

Jefferson County District Court case number: E186-795.

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