Sudbury man who owns fire-ravaged eyesore in Dorchester fights city efforts to end rat infestation there
James Dickey, who has been feuding with the city of Boston for more than 10 years over his three-decker at 97 Mt. Ida Rd., is now fighting a city attempt to do something about all the rats that nearby residents say have taken up occupancy there.
ISD last Friday asked a Boston Housing Court judge to give it permission to hire contractors to kill the rats and seal their burrows and to clean up the property - and to then attach a lien to the property for the costs, which would mean Dickey could not sell it without paying the city first.
ISD filed the request after it says Dickey failed to comply with a March ISD demand that he hire a pest-control company to deal with the rats, trim overgrown weeds and shrubs and remove "trash and debris" from the property. ISD says Dickey ignored its March "public-health nuisance" declaration and had prohibited the city and its contractors from entering the property and fixing the problems that neighbors have been filing complaints about for some four years now.
A housing-court judge granted the city's request the same day it was requested. Dickey responded this week first by suing the city - claiming it had some nerve covering the decaying building's windows with plywood and allegedly barring him from his own property - then by seeking to have the city's housing-court action moved to federal court.
Dickey, acting as his own attorney, claims the matter deserves federal attention because the city attempt to "seize and destroy" his property in a non-emergency situation violates his constitutional due-process rights. A federal judge promptly denied his request to issue a temporary restraining order against the city that would have blocked any cleanup efforts. If a judge agrees to consider the due-process issues, the city would have the chance to respond first before the judge makes a ruling, a process that could take months.
The inside of 97 Mt. Ida Rd. has been exposed to the elements since 2011, when a fire heavily damaged it, but Dickey's feud goes back further, to when ISD battled him over conditions for tenants in the building. In 2015, Dickey said he was awaiting an insurance check so that he could rebuild from the 2011 fire.
Dickey even once sued a former tenant who testified against him - a case he ultimately lost when the Massachusetts Appeals Court ruled the tenant had his own rights under the First Amendment and that even if he did make a mistake about one particular problem, all the other problems inside the property meant Dickey was not harmed by that statement.
Dickey has had similar court battles with ISD over a property he owned on East 4 Street in South Boston.
State housing-court complaint against Dickey (2.5M PDF).
Dickey's request to have case moved to federal court (135k PDF).
Dickey's complaint against ISD (306k PDF).
Ad:
Comments
Classy. Seems like instead of
Classy. Seems like instead of spending all that time pretending to be a lawyer, he could instead grab a hammer, rent a dumpster, and start taking responsibility for his property.
Interesting quote from frustrated judge
From the 2015 Reporter story:
Also, through the miracle of Google Street View, here is what the building looked like in 2011, before the fire.
The guy's a winner
It was a run-down POS even before the fire. He clearly has mental health issues. Too bad the city can't just force him into a buy out and knock this down.
Arsonist?
I mean come on, doesn't this guy sound like he would burn down his own property to rid himself of tenants trying to hold him accountable for squalid conditions?
Only in Boston!
Only in Boston would the city fight the landowner for this long. In other cities, you leave shit like this around it gets cleaned up and you get charged for it!
Does this guy think that he's a bank or in Detroit or something?
Check for bats in his belfry
I mean literally, in the open upper part of the building.
Sounds like a really swell
Sounds like a really swell guy! Maybe he could be forced to live in the property as a sentence for being an arrogant jackass? You know, like a corny Hollywood movie?
Been done
In JP ...owner had to live in the same squalid conditions he made his tenant endure.
People should picket outside his private home.
At what point in time can the
At what point in time can the city take the property by eminent domain and have it condemned?
Ten years ago.
Ten years ago.
He should be fined
by the Parks Department as well. Boston has a lot of scummy slumlords. My hope is that more of those properties will become owner-occupied again.
What's his house and yard in
What's his house and yard in toney Sudbury look like?
Like this, I think
Google is your friend.
From the Sudbury property assessor's database
https://webpro.sudbury.ma.us/PictureView.asp?IMG=image/3000/326001.jpg
Picture isn't dated but probably within the last decade, I imagine.
73+ acres included.
How is a 73 acre lot in
How is a 73 acre lot in Sudbury only worth $600,000?
What's the land zoned for?
Also, that is assessed value, not market value.
I think it's time to
make a large rat delivery to Sudbury.
I'm trying to figure out the point of all this crazy
He could just sell it as is and just get a heap of money for the land and be done with it.
Why is he hanging on to it at all?
I also have to wonder: burned out and abandoned properties were seized from landlords in Boston at the end of the Arson Era. A blighted, burned-out, and effectively abandoned property such as this should be seized and turned over to affordable housing for reuse. Are those laws still on the books? The city should just take it by eminent domain.
Not For Lack of Trying
During the Menino era there was a big deal about such properties too, with the Mayor's office trying to pressure those delinquent owners into selling if they wouldn't repair the properties. He even gave a speech in front of one of the properties in question. Years later it stands the same mostly, the only difference being the abandoned cars, parts, and motorcycles on the driverway having been removed.
https://goo.gl/maps/2CxtSHhywGD2
This is why I read this blog,
Great work Adam,
idk
say what you will but im sure he's earning a fair amount on his do-nothing investment right now
How?
How?
well obviously
he's collecting rent from the rats.
He will rebuild with the insurance proceeds.
Meanwhile, property values in Boston have been increasing steadily for a very long time.
Did you read the post?
This burned down six years ago. A judge already smacked him for that in 2015 (see first comment). He most likely was not insured - insurance companies immediately raze the property. It would not be left like this because of liability if he was actually getting an insurance payout.
And if he actually got an insurance pay out, it must have been a lump sum. See "immediately secure/raze the property", above.
what was the land worth
with that still decrepit house that would need to be scraped anyway, say 10 years ago
whats it worth now
what is its projected worth in say, 5 years
Are the rats paying rent?
He's probably hoping a developer will make an offer for the property and if he keeps up like this he won't make a nickel
If only Boston had some
If only Boston had some authority to handle redevelopment of blighted properties like this one.
Willard?
Willard