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‘Mutual understanding’ ended zombie suits, city learns

Dunkirk’s attorney has offered more information about the city’s “zombie property” lawsuits that recently ended.

“Those lawsuits were being handled by an outside law firm. Those properties have been sold to other owners in the past couple of years,” city attorney Elliott Raimondo told the Common Council last week. “The law firm did not believe that the case had that many merits… the judge didn’t really toss it, it was a mutual understanding that it would not be continued.”

Raimondo was responding to a question from Councilwoman Nancy Nichols about the properties at 49 E. Courtney St., 166 W. Second St. and 606 Park Ave. The question was spurred by an OBSERVER article about Judge Grace Hanlon ending the city’s lawsuits over the properties.

“So this is not going to be falling on the city’s hands, that we are responsible for any of this?” Nichols asked Raimondo.

“There are new owners for the properties, and my hope would be that those new owners take care of those properties,” the attorney responded. “That being said, I know that one is already for sale and another did transfer.”

The 606 Park Ave. property was sold in November for $273,480, according to an OBSERVER report — but still has “for sale” signs in the yard. The city of Dunkirk is accepting bids through March 11 on demolition of the structure on the site, according to a legal notice in the Feb. 21 edition.

A property goes “zombie” when the owners have abandoned it but the bank that holds the mortgage has not yet taken it over. There are reportedly eight “zombie” houses in Dunkirk now, and 93 vacant properties overall.

“And there are some that are slated to come down but we just don’t have the funds in the city to do that,” Nichols said. She asked city Planning and Development Director Vince DeJoy if there are any grants available for demolitions.

“There are no grants for demolition, other than the Community Development Block Grant,” DeJoy replied.

“OK, I was just checking to see,” said Nichols. “Because they seem to be multiplying, more than not.”

Nichols also asked about the status of the dilapidated former motel on Point Drive West, which city officials want demolished. She was told the matter is still tied up in court.

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