In a message dated 9/30/2003 10:04:48 PM Central Daylight Time, Dean Carlson
writes:
>
> The original consent decree deadline for replacement of the 770 units was
> not November 2002. It is October 1, 2004. The November 2002 date
> corresponds to the date that the court oversight of the defendants
> activities was to end. The defendants, however were still on the hook to
> finish the housing by the 2004 deadline.
Not true.
I went to the Federal Courthouse, got the Hollman file, read through it, took
some notes and photocopied the complete list of exhibits (with summaries) and
the order by Judge Rosenbaum dated July 12, 2002 that dismissed the Met
Council and extended the deadline on completing the project and the court's
supervision over HUD and the City until NOVEMBER 1, 2004. (I also did a lot of
research and writing on this issue in 1999)
This is what the July 12, 2002 order said regarding the original consent
decree deadline and what the Judge ordered (keeping in mind that the Hollman
Consent Decree was signed in 1995):
"When the consent decree was entered, the parties ambitiously agreed upon a
seven-year program within which to complete the project. In a thousand
different ways, however, the realities of life humanity..."
"Seven years has simply not been enough time..."
"Therefore, based on the files, records, and proceedings herein, IT IS
ORDERED that:
"1. By agreement of the parties, the consent decree and jurisdiction of the
Court over defendant Metropolitan Council [Docket No. 218] is terminated.
"2. Jurisdiction over defendants Mondale and Ryan is terminated.
"3. The Court's jurisdiction over this matter and the remaining defendants
[Docket Nos. 202 & 205] is extended until November 1, 2004."
Docket numbers 202 & 205 refer to the City of Minneapolis and HUD.
One of the arguments used in a brief by the City (arguing to keep HUD in) was
that the City didn't expect to fulfill its duties in relation to the
replacement housing until 2007 or 2008. The City was, by its own admission, 5 to 6
years behind schedule on a project it had agreed to finish in 7 years! (also
disputed by Dean Carlson, but it's in the Court file nonetheless. Anyone can check
it out. See exhibits 205 ("Motion by cross-claimant Cora McCorvey & deft Mpls
Public Housing to extend jurisdiction"), 206 ("Memorandum by..." same party &
same question as 205), and 207 ("DECLARATION of John Cann in support of..."
same party and issue as 205)
Incidentally, exhibit 209 is the "DECLARATION of Dean Carlson in support of
C. McCorvey & Mpls Public housings' motion to extend jurisdiction."
The plaintiff's legal representatives have to follow certain procedures in
order to enforce and amend the Hollman Consent Decree. And there are issues
that arise relating to events that threaten the timely completion of the project,
who is responsible for what, who is at fault, etc. If the plaintiff's
representatives make procedural mistakes or point their fingers in the wrong
direction, or otherwise represent the plaintiffs incompetently, the plaintiffs can
lose something they have or something they were promised. The City attorney is
already warming up the band to play the tune "It's Bush's fault that the Hollman
plaintiffs lost their promised homes in Heritage Park."
The NAACP needs to bring a motion into Court calling for monetary penalties
against the City for delays beyond the current 2004 deadline. Hefty penalties,
and the longer the delay the bigger the penalties. Otherwise the City will
drag out the housing replacement process for years.
The NAACP needs to stay out of the dispute between the city and HUD. There is
really nothing in it for the Hollman plaintiffs and there are real dangers
associated with assigning blame to the wrong party and acting like the city's
lap dog and occasionally like a toothless watch dog in relation to the City
(plenty of bark but no bite).
-Doug Mann, King Field
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