"There is a cancer on our city called the Hotel O" said Jackson Municipal Court Judge Jeff Reynolds during a hearing on the demolition of the eyesore on I-55N Frontage Road.
Judge Reynolds ordered the hotel's demolition on June 13 and scheduled a status conference for August 2. The hearing was held. But for yours truly, WLBT's Anthony Warren, and Jackson City Attorney Drew Martin, the courtroom was empty as the defendant and his lawyers were absent.
Mr. Martin said the city was working on getting the funding to demolish the building. "There is no question the property is a public menace and demolition is appropriate. The city wants it demolished," said the attorney.
Judge Reynolds said the city needed to take some immediate steps such as clearing out the property and putting up security fencing as it would be several months before demolition took place. Mr. Martin said the Lumumba administration wanted to include the expense in the budget for the next fiscal year that begins on October 1. It is only a matter of time before the building burns down as vagrants have set fires at the building several times in the last six months.
The city attorney agreed with the Court. Mr. Martin said the city could afford to put up security fencing right now. "Boarding is on the table," he said but the fire department said that could create a fire hazard given the vagrants' firebug tendencies. "It's an attractive nuisance at this point," concluded Mr. Martin.
The hearing ending with the city agreeing to put up a security fence. Demolition is expected to take place by the end of the year. Mr. Martin said after the new fiscal year begins, the city will issue an RFP for the demolition. Although he could not state with certainty the cost of the proposed demolition, Mr. Martin said "eyeball estimates are $215,000 to $250,000." "We might be able to get half from private sources," he said.
The demolition will require several City Council meetings for issuing the demolition order, budgeting money, accepting private donations, and accepting the winning bid. Mr. Martin said the city might be able to get half of the funding from two private sources.
Mr. Muthana attempted to appeal the case last year to Hinds County Court. However, County Court Judge Johnny McDaniels dismissed the appeal, citing the defendant's failure to pay the appearance bond required for appeals. The appearance bond was $275,000.
Undeterred, Mr. Muthana filed a notice of appeal in Hinds County Court in April 2023. The city responded in June 2023 and filed a motion to dismiss in Hinds County Court on December 1, 2023.
The Hinds County Circuit court received the appeal record on March 12. No other action has been taken on the case. Judge Reynolds stated in his order Muthana's appeal was no longer an issue:
Defendant incorrectly claims that, because he has further appealed to the Circuit Court from his failed appeal to the County Court, the Municipal Court lacks jurisdiction to act to enforce its Orders. Specifically, Defendant alleges that the Municipal Court was divested of jurisdiction over this matter and its Orders were automatically stayed by virtue of his attempted further appeal to the Circuit Court. Defendant is incorrect. The Municipal Court's March 17, 2023 Order-and all other relevant Orders-are not stayed. As noted in the County Court's August 31, 2023 Order dismissing Defendant's appeal to that court, Defendant's appeal to that Court was defective for failure to timely post any portion of the secured Appearance Bond or to timely seek to have the Appearance Bond reduced, eliminated or excused. The County Court's Order concluded by remanding the case to the Municipal Court.
When an appeal from the Municipal Court to the County Court is dismissed for failure to pay the secured Appearance Bond, any further appeal to the Circuit Court is similarly defective for lack of jurisdiction. See Kilcrease v City of Tupelo, 385 So. 3d 393 (Miss. Ct. App. 2023)
Mr. Muthana accused the Court of sending ex parte emails to the city attorney. Judge Reynolds did not take too kindly to the accusation:
Every single email sent to the city by this court included one or more of the attorneys on Defendant's roster of rotating defense lawyers. ....Rather than make false accusations against the Municipal Court, the undersigned judge would encourage defense counsel to advice his client - currently a fugitive from justice - to do the right thing - turn himself in to the Jackson Police Department...
The opinion is posted below.
Synopsis of the Case
Muthana has owned Hotel O for more than two years. Jackson Code Enforcement cited Muthana for six code violations in June 2022. Jackson Municipal Court Judge Jeff Reynolds condemned the hotel after finding it had unsafe electrical wiring, defective plumbing, pervasive mold, structural weaknesses, and the roof was in a serious state of disrepair. Residency-challenged individuals occupied the building even though there was no power. However, one should never underestimate human ingenuity, even among such people. The squatters simply ran extension cords to outlets on adjacent properties. Judge Reynolds threw Muthana in jail after determining he made no effort to improve the property. He said the property was in worse shape than when the city began investigating the property in November 2021. The defendant sat in jail for a few days before Judge Reynolds released him. Judge Reynolds ordered JPD to evict all "tenants" from the premises. The judge told Code Enforcement to ensure a secure fence surrounded the pool. Judge Reyonlds ordered Muthana to post a $275,000 secured appearance bond and $2,500 cost bond if he wanted to appeal the order. Muthana appealed to Hinds County Court, arguing the appearance bond was unconstitutional. He paid the $2,500 cost bond.Judge McDaniels never got around to questioning the demolition order because he dismissed Muthana's appeal on August 31, ruling the defendant appealed the case four months after the thirty-day deadline expired in April. Judge McDaniels also ruled the appeal was invalid since Muthana did not pay his appearance bond.
Muthana did not take his ass-whupping like a man but instead filed a notice of appeal on September 11. The notice states the defendant will appeal the decision to Hinds County Circuit Court. The city filed a motion to dismiss (see, it knows how to do it after all!) on December 1. The motion argues the Court should dismiss any Muthana appeal since he did not post the $275,000 appearance bond nor did he file his notice of appeal within thirty days of the lower court's decision.Earlier post. As Muthana drags out the court fight, the building crumbles. A fire took place several months ago. Rooms are burned out and plywood covers numerous windows. The building has been the scene of numerous crimes over the years, including shootings and aggravated assaults. Judge Reynolds scheduled a hearing on January 10, 2024 after Judge McDaniels remanded the case back to his court. His interim order makes clear his disgust with the hotel and its owner:
The Hinds County grand jury indicted Ibrahim Khoder for perjury. Khoder sued to stop the code enforcement action in Hinds County Chancery Court. He claimed in his pleadings he was the owner of the hotel while simultaneously telling the Jackson Municipal Court he did not own the hotel. That little bit of subterfuge earned him some attention from the District Attorney. In the meantime, while the Defendant games the legal system with meritless appeals, his dangerous eyesore of a Hotel continues to exist and be occupied. The undersigned passes by the shuttered Hotel nearly every day and sees it bustling with people, with multiple cars in the parking lot. A small child was seen recently playing with his toy at the Hotel. And, despite the Fire Marshall shutting the Hotel down as a fire hazard and part of the Hotel, in fact, burning a few months ago, people still live in the Hotel.However, neither Muthana nor his lawyers, Carlos Tanner or John Hall, appeared in court that day. A frustrated Court issued an arrest warrant for Muthana. Muthana has not yet been taken into custody.
Undersigned also strongly believes, based on the testimony in this case, his observations, and experience as a Municipal Judge, that other illegal activity, like prostitution and illegal drug use/sales, is taking place at the Hotel on a daily basis.
This dangerous public nuisance must end.
Although Muthana filed a notice of appeal, he never actually filed an appeal in Circuit Court.
32 comments:
Direct Mufthana's lawyers to appear before the Court for a conference.
In some defense of a city government, I have no respect for, it is sad they will wind up spending badly needed public funds to remove this dangerous eyesore. Sad because there are hundreds of smaller buildings in the city that need to come down. Part of the classic definition of a slum, I guess. Also, the definition of "Hopeless Case" needs to include photos of many Jackson buildings, with the awful condition shielded by chest high weed growth and old rusted cars.
Once you start demolishing decrepit buildings in Jackson--where do you stop?
The real cancer is the government and the citizens. This just a symptom.
He did so. Had the hearing Friday. No one showed up. Not the first time this has happened, either.
A gallon of gas can do wonders.
I just cant figure out why he bought this hotel two year's ago? I can't even come up with a possible theory?
It's infuriating that this clown can lawyer up and play catch-me-if-you-can with the court. Surely someone in law enforcement can locate this guy and bring him in.
Well then, a contempt of court order should be issued and a hearing held with counsel present
No one on the defense side? Not even his lawyers? Did the city show up?
Why can't someone just go strike a match and be done with this circus???
Going to be interesting to see who walks away from the RFP with the demo job.
If Chowke can't see it from his gated community with a palace guard it isn't a problem.
I just don't understand. How could this guy be making a return on his investment in this property? If a profit from the investment is not his goal, what is? This has to be costing him a fortune in legal fees.
Too, I would think a vacant lot at that highly visible location would be ripe for some sort of development. What gives?
Have they tried looking for him at his new foster care agency in Sugarland TX?
NPI Number: 1952188575
Wake me when Reynolds starts paying attention to the Hwy 80 corridor. His selective interest and feigned indignation is a ruse.
"We must keep our streets, neighborhoods and historic areas clean and pristine,” Mayor Lumumba said. https://www.wsav.com/business/press-releases/ein-presswire/723834525/jackson-mississippi-is-more-beautiful-cleaner-thanks-to-pdt-logistics/
NUMEROUS FIRES. Quit putting them out.
Concrete doesn’t burn geniuses
10:30 - Chockwe can't even get a decent road in front of his house...that section between Northside and Meadowbrook is brutal for vehicles.
It cost money to go tear down buildings. Maybe the judge can go rent a bulldozer to use since he wants it torn down so bad.
Imagine how many rats are in that place.
@11:06 AM - Well genius, if rocks can burn, concrete can burn.
@12:11 PM - More than on the executive wing of city hall?
August 5, 2024 at 12:11 PM, the rodents there aren't as large as the ones in city hall.
@10:21 Will probably be Socrates that tears it down. He gets all the city demo work somehow.
Out of state travelers can get a good view of this 5 star hotel as they drive up and down I-55. Very impressive.
Frank By God Melton would’ve found a way to take the thing down even if he’d’ve had to commandeer a stolen dozer and take it down himself.
Could Multana have purchased it as a tax write-off?
Kingfish, do you remember how long it took for the glass building off I55 to get demolished? From court stepping in to actually getting it down?
Help me with my confusion. The article refers to the residents first as 'residentially challenged', then as 'vagrants'. Which is it and are there other choices?
In California and some other countries, it's OK to move into a vacant residence and set up housekeeping. I suspect the same is acceptable to Chokwe and The Sisterhood.
Where is Janet Reno when we need a building torched?
When all else failed, they threw out an allegation of judicial misconduct.
Why local attorneys would sacrifice their reputations for this guy is beyond me. Maybe that's just the natural progression of the "win at all costs" ethos.
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