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City seeks emergency injunction over East Liberty development

PITTSBURGH — The city of Pittsburgh is seeking an emergency injunction to stop the demolition of the Penn Plaza apartments in East Liberty.

Court documents obtained by Channel 11 said that the developer is currently demolishing one of the buildings before the agreed-upon deadline of March 31, while people are still living there.

Around 1 p.m. Channel 11’s Rick Earle said the judge agreed to let the city and developer continue discussing the Penn Plaza project in an effort to reach an agreement.

Private developer LG Realty purchased Penn Plaza with the intention of building a Whole Foods and 200 apartment and office spaces. The developer gave residents who live at Penn Plaza until the end of March to move out and wasn't supposed to start bringing down one of the buildings until late March.

"As a result, the residents of the 5600 Building are suffering from unacceptable and unsanitary living conditions, including lack of sufficient heat, rodent infestation, dangerous and noxious fumes and dust, and trespassers," the emergency motion for the preliminary injunction said.

The city further argued that:

"Among other things, fumes from unknown chemicals and dust from demolition activities are making it difficult for residents to breathe and giving them headaches and other physical ailments. Residents have observed demolition workers wearing white masks and what appear to be protective 'HazMat'-type suits, but Defendant has not informed tenants of the reasons for these protective actions.
 
"Defendant’s actions therefore present a significant and ongoing immediate risk to public health and safety, and in particular to the well-being of the residents of the 5600 Building."

John Kamin, the attorney for the developer, denied those allegations.

"We have taken those obligations very seriously and we are not aware of any violations at the property," Kamin said.

The

city’s Planning Commission recently denied the project

, putting it on hold indefinitely. City leaders said they intended to go to court to get an injunction against the developer if current residents’ concerns aren’t addressed.

“What we are most concerned about is the fact they would not evict people who still live in the building and still make good on their promises to those folks that payments would be made available to address relocation,” Kevin Acklin, Mayor Bill Peduto's chief of staff, said Tuesday.

Peduto sent a letter Wednesday to housing developers with properties in East Liberty asking for voluntary commitments to secure affordable housing for the remaining residents of Penn Plaza.

In the letter

, Peduto appealed to housing developers on behalf of the city and Penn Plaza residents "to work with Neighborhood Allies and open up your available housing units to accept residents of Penn Plaza. If you each are able to accept just a few residents, we can make sure that every resident of Penn Plaza is treated with respect and are provided the opportunity to continue to live in East Liberty."

Penn Plaza apartment residents and dozens of East Liberty community members rallied outside Pittsburgh’s City Hall on Tuesday in hopes of letting city leaders know that they don’t want to be forced out of their community because of new development.

“We need help. The people living there need help. We will do everything we can to stand with the people, Penn Plaza and the city of Pittsburgh,” East Liberty resident O'Harold Hoots said.

Crystal Jennings said her 64-year-old father is not getting any help to find a new place to live in East Liberty and she felt that he is being forced to move somewhere he doesn’t want to live.

“By him being displaced out of the area, they are not trying to find him housing in that area. They are trying to put him in an area where he is unfamiliar,” she said.

Stay with Channel 11 News and WPXI.com for continuing coverage.

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