La Plata, MD – Charles County District Court Judge Robert Wilcox was having a hard time wrapping his head around the muddle of Bel Alton High School Alumni Association’s lawsuit against the Charles County Commissioners Thursday, July 9 in La Plata.
“This case is a mess,” he told both sides.
The mess deepened when former county attorney Roger Fink, representing the alumni members, announced he would be withdrawing from the case to avoid the appearance of conflict of interest.
“It’s a very complicated matter,” Fink told the judge.
In January, the Charles County Commissioners evicted the Bel Alton High School Alumni Association from the site of one of the county’s two African-American high schools, saying it cost over $200,000 annually to pay mortgage and utilities.
Charles County Attorney Elizabeth Theobolds told Wilcox the county resumed ownership after the group was in danger of defaulting on loans.
“The county is trying to recoup some of those losses,” she said.
That organization entered into an agreement with the county in 1994 to occupy the structure, slated at that point to be razed.
“The county was prepared to demolish the building,” Fink said. “It was falling down.”
The group procured more than $4.5 million in federal and state grants to save the building, then began offering programs for low-income African-American families needing assistance with job training and medical issues. The county, however, owns the building.
“The county said, ‘we have a problem with water,’ ” Fink explained. “ ‘We need to put in water and sewer and we want to do it on your property.’ ”
That basically forced the group to take on a $1.4 million loan to pay for the system, which the judge found incredulous.
“The county is clearly the landlord here,” Theobolds said. “The county owns the premises.”
“Is the ax falling?” Wilcox asked. “Is the lending institution getting ready to put it up for sale on the courthouse steps?”
“They [Bel Alton Alumni Association] are under the gun for federal requirements,” Theobolds said.
“They’ve been there for over 20 years,” Fink stated. “They entered into a contract with the county in good faith. They have restored and maintained the building on their own.”
“The county has indicated that it would provide space for the alumni association in the building, but loans were taken out to renovate the building and they are in danger of defaulting on those payments,” Theobolds countered.
“What the county wants to do with the property at this point is irrelevant,” the judge said. “I am not going to be the final word on this issue. This is a landlord-tenant problem with interesting sidelines to it. The waters got muddied long before Judge Wilcox got on the scene. Until the full counter-claim argument is made, I don’t think the court should make a decision.”
When Fink told the judge that he was Charles County Attorney when the lease was provided to the alumni association, Wilcox lost it.
“You were the county attorney? What were you thinking?” he asked. “Even if it’s not a conflict it has the appearance of being a conflict.”
“I have to withdraw from the case,” Fink admitted.
“If you withdraw, where does that put your client?” the judge queried.
Wilcox said he would allow the case to be heard “no later than 30 days from today,” he stated. “If the county prevails, then you move forward to circuit court.”
He told Theobolds, “If that happens, you will be retired before this case gets heard.”
Contact Joseph Norris at joe.norris@thebaynet.com