IN "BLEAK HOUSE," Charles Dickens wrote about an interminable legal case, Jarndyce and Jarndyce, which dragged on for many generations. In the end, the heirs to a once enormous fortune were left with little more than legal bills.
I thought about Dickens a bit Monday night as I watched City Attorney Ariel Calonne's presentation on affordable housing litigation involving Tolman and Wiker Insurance. He didn't hold back his feelings about wasted tax dollars as he relayed the details of lawsuits which have consumed the city's legal staff and outside counsel for many years.
Calonne blames the insurance company's out-of-town lawyers for stringing out a case which has cost the taxpayers nearly half a million dollars.
"I don't know where all the blame should be assessed but I do know the lawyers representing Tolman and Wiker deserve a big share of it. It's one of these multinational law firms that I think is only accountable to the profits they can make," Calonne said.
THE SUIT IS ONE of a series of lawsuits stemming from the claims of owners of affordable housing units on the city's west side that they were not told when purchasing the units that they were part of the city's affordable housing stock. The city's Housing Authority sent its claim over to Tolman and Wiker asking that the company tender its defense to an outside insurance carrier. But the claim was not tendered and a suit was filed by the city.
"We believe we are owed a substantial amount of money from the insurance companies which protect Tolman and Wiker from their professional negligence," Calonne said.
I think Calonne sometimes gets a bum rap. He started his time as our city attorney with a bit of bad press surrounding a dispute he had with a neighbor in his former city and received more negative publicity when it was revealed how much he is paid -- a lot.
But as a member of the media, I have to admire his honesty. He's highly quotable and always calls it as he sees it.
The case is scheduled to go to mediation on Aug. 19, but Calonne didn't seem at all hopeful that it would be resolved soon.
"We have encountered a very hostile response from the insurance defense lawyers representing Tolman and Wiker," Calonne said. "A response that is almost cavalier about any desire to meaningfully resolve the case."
COUNCIL MEMBER Neal Andrews, always watchful of how public money is spent, said the dragging out of the case "frosts" him. "This is all in the hopes ... that we'll drop the case and settle for less than we should."
The Council has been hearing about this in closed session for many years, but it was time to bring it out into the open, Council member Ed Summers said.
"When it has this level of financial consequences, I think we need to take it beyond the Council. The public has made this clear in the past," he pointed out.
Speaking on behalf of the taxpayers, I hope all the parties resolve this sooner, rather than later.








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