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YELLOW-TAGGED SCHOOL SUES CITY, SEEKS $6 MILLION IN DAMAGES
Glendale News-Press
Distributed by McClatchy-Tribune Business News
May 2, 2012 Wednesday
California
by: Brittany Levine, Glendale News-Press, Calif.
May 02--A private Armenian school that has been fighting to operate for
nearly two years is seeking up to $6 million in damages from the city
that it claims it suffered as a result of being temporarily shut down.
Scholars Academic Foundation claims in its lawsuit filed in Los
Angeles County Superior Court that the city violated its rights to due
process and caused economic harm when officials closed the school by
"yellow-tagging" the building in February 2010.
The school is seeking $2.75 million to $6 million in damages, according
to court documents.
But City Atty. Mike Garcia argued in court documents that the school's
claims lack merit, and even if they didn't, the most Scholars Academic
Foundation could recover is three to five weeks' worth of rent.
"The economic impact of the 'yellow-tagging' is minimal," Garcia
contended.
A judge took the case for review last week, but Garcia said in an
email that a decision isn't expected for some time.
The city maintains it had the right to shut down the school after a
fire inspection found an inadequate fire alarm and locked or blocked
exits. The school's attorneys have said the issues were quickly fixed
and the shutdown was excessive.
Due to the legal tussle, Scholars has moved to another city. The
school's attorney wouldn't say where, but it operated at Throop
Universalist Unitarian Church in Pasadena for some time last school
year. It has since moved, a church receptionist said.
"Its losses due to the city's misconduct are staggering. It may never
recover fully," Scholars attorney Richard Foster said in an email.
"Whether Scholars would be able to move back to the city of Glendale
is difficult to say at this point given the city's attitude and
abusive conduct."
Moses Boyadjian, director of operations at Foster's law firm, said
the school has 30 students enrolled at its new location. It once had
300 students, but that dropped steeply after the "yellow-tagging,"
according to court documents.
The debacle began when Scholars Academic Foundation moved from its
location at 1021 Grandview Ave. to a former Glendale Unified School
District building at 3800 Foothill Blvd. in January 2010. But the
school did not have proper city permits.
The school's principal, Anahit Grigoryan, said during court proceedings
that the city's former zoning administrator, Edith Fuentes, said the
school could operate in its new building if it quickly applied for
permits. But that turned out to be an incorrect assessment.
The city sent the kindergarten-to-12th-grade school violation notices
but never received a response. In a surprise February visit, a fire
inspector found it unsafe to occupy.
After the safety issues were fixed, the city still wouldn't let the
school open, according to court documents. Several students were
enrolled elsewhere, including at Burbank Unified schools.
The school sued the city in state and federal court. The latter was
dismissed, but the former -- the case now under review -- chugged
through the system. After filing the state lawsuit, the school applied
for city permits, and a judge allowed it to reopen for 15 days,
but it continued to operate after that window expired.
At the city's request, a judge ordered the school to close in
September.
"There is no statutory right to operate the business of one's choosing
in the location of one's choice," Garcia said in court documents.
TIMELINE
Jan. 29, 2010: City sends Scholars Academic Foundation a notice of
violation for missing permits. City does not receive response.
Feb. 24, 2010: Fire inspector "yellow-tags," or shuts down, the school.
April 1, 2010: Scholars Academic Foundation files lawsuit against
the city in Los Angeles County Superior Court. Around the same time,
it files a case in U.S. District Court, Central District of California.
April 5, 2010: Temporary court order allows school to occupy building
for 15 days.
April 8, 2010: School applies for city permits.
April 19, 2010: City officials discover application checks bounced.
April 20, 2010: Temporary order to occupy building expires.
July 8, 2010: Federal court dismisses case.
July 27, 2010: City rejects incomplete permit application.
Sept 4, 2010: Temporary court order issued for school closure.
April 24, 2012: Judge takes case under review and says decision will
take some time.
Source: Federal and county superior court records
From: A. Papazian
Glendale News-Press
Distributed by McClatchy-Tribune Business News
May 2, 2012 Wednesday
California
by: Brittany Levine, Glendale News-Press, Calif.
May 02--A private Armenian school that has been fighting to operate for
nearly two years is seeking up to $6 million in damages from the city
that it claims it suffered as a result of being temporarily shut down.
Scholars Academic Foundation claims in its lawsuit filed in Los
Angeles County Superior Court that the city violated its rights to due
process and caused economic harm when officials closed the school by
"yellow-tagging" the building in February 2010.
The school is seeking $2.75 million to $6 million in damages, according
to court documents.
But City Atty. Mike Garcia argued in court documents that the school's
claims lack merit, and even if they didn't, the most Scholars Academic
Foundation could recover is three to five weeks' worth of rent.
"The economic impact of the 'yellow-tagging' is minimal," Garcia
contended.
A judge took the case for review last week, but Garcia said in an
email that a decision isn't expected for some time.
The city maintains it had the right to shut down the school after a
fire inspection found an inadequate fire alarm and locked or blocked
exits. The school's attorneys have said the issues were quickly fixed
and the shutdown was excessive.
Due to the legal tussle, Scholars has moved to another city. The
school's attorney wouldn't say where, but it operated at Throop
Universalist Unitarian Church in Pasadena for some time last school
year. It has since moved, a church receptionist said.
"Its losses due to the city's misconduct are staggering. It may never
recover fully," Scholars attorney Richard Foster said in an email.
"Whether Scholars would be able to move back to the city of Glendale
is difficult to say at this point given the city's attitude and
abusive conduct."
Moses Boyadjian, director of operations at Foster's law firm, said
the school has 30 students enrolled at its new location. It once had
300 students, but that dropped steeply after the "yellow-tagging,"
according to court documents.
The debacle began when Scholars Academic Foundation moved from its
location at 1021 Grandview Ave. to a former Glendale Unified School
District building at 3800 Foothill Blvd. in January 2010. But the
school did not have proper city permits.
The school's principal, Anahit Grigoryan, said during court proceedings
that the city's former zoning administrator, Edith Fuentes, said the
school could operate in its new building if it quickly applied for
permits. But that turned out to be an incorrect assessment.
The city sent the kindergarten-to-12th-grade school violation notices
but never received a response. In a surprise February visit, a fire
inspector found it unsafe to occupy.
After the safety issues were fixed, the city still wouldn't let the
school open, according to court documents. Several students were
enrolled elsewhere, including at Burbank Unified schools.
The school sued the city in state and federal court. The latter was
dismissed, but the former -- the case now under review -- chugged
through the system. After filing the state lawsuit, the school applied
for city permits, and a judge allowed it to reopen for 15 days,
but it continued to operate after that window expired.
At the city's request, a judge ordered the school to close in
September.
"There is no statutory right to operate the business of one's choosing
in the location of one's choice," Garcia said in court documents.
TIMELINE
Jan. 29, 2010: City sends Scholars Academic Foundation a notice of
violation for missing permits. City does not receive response.
Feb. 24, 2010: Fire inspector "yellow-tags," or shuts down, the school.
April 1, 2010: Scholars Academic Foundation files lawsuit against
the city in Los Angeles County Superior Court. Around the same time,
it files a case in U.S. District Court, Central District of California.
April 5, 2010: Temporary court order allows school to occupy building
for 15 days.
April 8, 2010: School applies for city permits.
April 19, 2010: City officials discover application checks bounced.
April 20, 2010: Temporary order to occupy building expires.
July 8, 2010: Federal court dismisses case.
July 27, 2010: City rejects incomplete permit application.
Sept 4, 2010: Temporary court order issued for school closure.
April 24, 2012: Judge takes case under review and says decision will
take some time.
Source: Federal and county superior court records
From: A. Papazian