Here are my updates on the case.
Ivy City Resident Drica Clyburne with daughter.
Update on Court Proceedings as of November 19, 2012
More progress was made Monday in Ivy City’s fight to “Breathe.” Judge Macaluso presided over a second day of testimony in the case against Mayor Gray and the Union Station Redevelopment Corporation, filed by Ivy City residents who are seeking to block the Mayor’s proposal to create a charter bus parking lot in the heart of the neighborhood, attracting hundreds of diesel-spewing buses into the community on a daily basis.
The case was originally filed in July by three residents and Vaughn Bennett, Vice Chair of ANC 5B, based on the city’s failure to comply with DC law and give proper notice to the Advisory Neighborhood Commission, consider their input with “great weight,” and conduct a study of the environmental impact of the proposed bus lot.
Overruling the city’s motion to “quash” plaintiff’s subpoena of Deputy Mayor Victor Hoskins, Judge Macaluso agreed that Hoskins will have to appear and give testimony when the hearing reconvenes on Thursday, November 29th at 9:00 AM.
The city’s ever-growing team of lawyers also sought to block the plaintiff’s expert witnesses. Judge Macaluso ruled that one of the expert witnesses will be allowed, and the other – an expert in Environmental Justice – would not be. The city’s attorneys are granted the opportunity to depose the expert witness, Dr. Vernon Morris of Howard University, who over the past month has conducted air quality analysis in the Ivy City community. Morris collaborated with Ivy City residents including Sheba Alexander, who testified Monday that she lives directly across the street from the proposed bus lot at Crummell School.
During the hearing Judge Macaluso suggested she might travel to Ivy City to visit the site and see its proximity to the homes of those she has heard testimony from during the course of the case.
Supporters are urged to pack the hearing room when testimony continues with Deputy Mayor Hoskins and other witnesses on Thursday, November 29th at 9 AM in Room 415 of the Carl Moultrie Courthouse, 500 Indiana Ave, NW.
JUDGE VISITS IVY CITY, DEPUTY MAYOR TO TESTIFY
SIGNIFICANT PROGRESS IN CASE TO “LET IVY CITY BREATHE”
Update on Court Proceedings as of November 26
In a highly unusual move, presiding Judge Judith Macaluso has decided to emerge from the bench and will conduct a site visit in the Ivy City community today, Monday November 26th at 12:30 PM. The visit is the latest development in Ivy City’s fight to “Breathe,” which thus far has included two days of testimony before Judge Macaluso in the case against Mayor Gray and the Union Station Redevelopment Corporation, filed by Ivy City residents who are seeking to block the Mayor’s proposal to create a charter bus parking lot in the heart of the neighborhood, attracting hundreds of diesel-spewing buses into the community on a daily basis.
In a second unusual and powerful move, Judge Macaluso overruled the city’s motion to “quash” plaintiff’s subpoena of Deputy Mayor Victor Hoskins. As a result Deputy Mayor Hoskins will give testimony when the hearing resumes Thursday, November 29th at 9:00 AM at the Carl Moultrie Courthouse, 500 Indiana Ave, NW room 415.
During today’s site visit, the Judge will visit the Crummell School, observe the site of the proposed charter bus lot, and identify the landmarks pointed out during witness testimony, such as the homes of plaintiffs and other residents who live close to the site and fear additional air pollution and resulting human health burdens should the charter buses be allowed in the community.
The small Ivy City community is already burdened with over 10 acres of parking lots housing school buses and DPW trucks, all diesel-fueled vehicles. Diesel fuel is a known pollutant that was recently deemed a carcinogen, causing cancer in humans. The buses are proposed to be housed on the lot of the historically-designated Alexander Crummell School, a national landmark. The city refused to cease construction on the site, which forced the community to file suit seeking an injunction.
Grounds for the lawsuit include failure to notify the Advisory Neighborhood Commission and consider their input with “great weight,” failure to conduct an environmental impact assessment required by both local law and federal law on nationally-designated historic sites, and breach of contract. The city’s actions contradict the DC Comprehensive Plan, which calls for renovation of Crummell School along with abatement of the already poor existing air quality in the community, as well as numerous other city planning documents that outline “revitalization” and “greening” plans for the community. These plans lured new homeowners to purchase affordable homes subsidized and marketed by the city. Homeowners now feel misled by the city and fear for their health and property values.
IVY CITY RETURNS TO COURT THURSDAY, DEPUTY MAYOR TO TESTIFY
Update on Court Proceedings as of as of Nov 28, 2012
On Monday, presiding Judge Judith Macaluso came to Ivy City and visited the historic Alexander Crummell School, as well as took a driving tour throughout the community noting the homes of Ivy City plaintiffs who have presented testimony in the case. Flanked by the city’s attorneys and news media, the Judge seemed invigorated as she toured the small community. Several news channels and outlets covered her visit .
The visit was the latest development in Ivy City’s fight to “Breathe,” which thus far has included two days of testimony before Judge Macaluso in the case against Mayor Gray and the Union Station Redevelopment Corporation, filed by Ivy City residents who are seeking to block the Mayor’s proposal to create a charter bus parking lot in the heart of the neighborhood, attracting hundreds of diesel-spewing buses into the community on a daily basis.
The case was originally filed in July by three residents and Vaughn Bennett, Vice Chair of ANC 5B, based on the city’s failure to comply with DC law and give proper notice to the Advisory Neighborhood Commission, consider their input with “great weight,” and conduct a study of the environmental impact of the proposed bus lot.
The small Ivy City community is already burdened with over 10 acres of parking lots housing school buses and DPW trucks, all diesel-fueled vehicles. Diesel fuel is a known pollutant that was recently deemed a carcinogen, causing cancer in humans. The buses are proposed to be housed on the lot of the historically-designated Alexander Crummell School, a national landmark. The city refused to cease construction on the site, which forced the community to file suit seeking an injunction.
Tuesday saw more action in the case, when the plaintiffs’ expert witness Dr. Vernon Morris of Howard University was deposed by the city’s lawyers for a full four hours. Dr. Morris installed an air quality monitor on a rooftop across from the proposed bus lot and collected measurements indicating the community’s existing poor air quality conditions, the results of which he will share in testimony Thursday.
Today, plaintiffs’ attorney Johnny Barnes will conduct a deposition of the city’s “rebuttal” expert witness, Dr. Rama Seshu Tangirala. Dr Tangirala works in the air quality division of the District’s Department of the Environment.
Thursday is expected to be the final day of testimony in the Ivy City case. The morning will begin at 9 AM with Deputy Mayor for Planning and Economic Development Victor Hoskins being called to the stand. The city had motioned to “quash” plaintiff’s subpoena of Deputy Mayor Hoskins, however Judge Macaluso ruled that he will have to appear and testify.
The hearing is expected to continue from 9 AM to 2 PM and supporters are urged to pack the hearing room, Thursday, November 29th at the Carl Moultrie Courthouse, 500 Indiana Ave, NW room 415.
Following the hearing on Friday, November 30th, Ward 5 Councilman Kenyan McDuffie will appear on the Kojo Nnamdi show on WAMU 89.5 FM to discuss the Ivy City case and other Ward 5 land use issues. We encourage everyone to call in and echo the Councilman’s support for the Ivy City community, urging the Mayor to find an alternate site for the charter buses and move forward with restoring Crummell School for public use as outlined in the city’s planning documents. The Councilman’s interview will take place at 12:30 PM, and listeners can call-in to 1-800-433-8850.
Our final day in court is in two days, so please:
Pack the Hearing Room
Thursday, Nov 29, 2012 – 9:00 AM
Carl Moultrie Courthouse
500 Indiana Ave, NW – room 415
(Red Line – Judiciary Square Metro)
For more information contact Parisa Norouzi, Empower DC, (202) 234-9119 x 100.
