Lawsuit to punish unruly students
LAUREN BECK
News Writer
A lawsuit between the City of South Bend and Taripp Development Corporation may prove costly for students living in Lafayette Square Apartments.
Following repeated complaints of intoxication, consumption of alcohol by minors, loud noise, indecent exposure and trash and debris on the property, South Bend filed a lawsuit against Taripp Development Corp., which serves as the landlord for Lafayette. Specific concerns regarding a party on Sept. 6 were cited in the lawsuit, which was filed on Oct. 11.
The lawsuit stated Lafayette posed a risk to the health and safety of the community, and held Taripp Development Corp. responsible for permitting illegal activities on their property.
Recent letters informed Lafayette residents that they could be evicted or forced to pay a share of the attorney fees if they could not control their gatherings.
An Oct. 30 letter from Thomas Dixon, attorney for Taripp Development Corp., explained the lawsuit and its consequences to residents.
"The lawsuit is the result of your 100 keg party at Lafayette Square Apartments the weekend of Sept. 6, 2002," the letter read. "In a nutshell, your parties have caused great concern from the leaders of this community. Quite simply, if you cannot control this problem, you will face eviction proceedings."
Tracy Clark, vice president of Real Estate Management, the managing agent for the Lafayette complex, was out of town this week and unavailable for comment.
Dixon's letter said the party violated the residents' lease because students attending the party broke the City's noise, trash and public indecency laws. The party exposed residents to potential eviction and fines from the City ranging from $50 to $2,5000.
Clark and Captain Wanda Shock of the South Bend Police Department met with Lafayette residents two days before their party at the beginning of the school year to advise them of policies regarding gatherings. They said they were worried about a pending lawsuit with the City as a result of trouble the previous year and wanted to make clear that they would not tolerate similar problems from current residents.
But some Lafayette residents said they are confused about the situation because the landlords have given them contradictory information.
Senior Reid Platt said police told residents at the meeting they were not allowed to use the parking lot or front yards for parties. He and other residents complied and opted instead to hold their gatherings inside and in their backyards.
But after the party, Platt said Real Estate Management told residents they and police had been mistaken and parties were not permitted in any outdoor areas, including backyards.
"They didn't know what was going on initially, and they are getting mad at us for breaking the rules, but they should have known what to tell us to do in the first place," said Platt.
Real Estate Management and the police held another meeting with residents after the City announced they were filing suit. Senior Albert Gembara said Clark established new rules for residents at the meeting.
"They were random rules, such as we are not allowed over 15 people in apartment at one time because that constitutes a party. Backyard parties no longer allowed either," Gembara said.
The Oct. 30 letter from Dixon issued an ultimatum to students.
"There will be no more outdoor parties at Lafayette Square," it read. "If you have parties inside your apartments, any violation of any law by you or any guest will get you evicted. If a minor gets drunk … or if you or your guests decide to relieve themselves outdoors, you will face eviction proceedings."
All News Stories for Thursday, November 7, 2002
