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Donald Kreuzer, owner of three townhouses next to the construction site, said in his lawsuit that the construction "constitutes a trespass and irreparable harm to (the) enjoyment of (my) property." He is seeking $10 million in compensatory damages, in addition to a quick halt on construction.
The University scored an early victory in the case when a District court judge declined Tuesday to issue a temporary restraining order against further construction of the residence hall. A preliminary hearing is scheduled for June 13, when a judge will decide whether to temporarily stop construction until a decision on the lawsuit is reached. Kreuzer's lawyer has asked for a trial date in September.
University Associate General Counsel Linda Schutjer, who is handling the case for GW, said she was confident that last week's request would be denied and that the hearing on June 13 will meet the same fate.
"I was never really worried about it because the law is so obviously on our side," said Schutjer of last week's decision.
Kreuzer said when the residence hall opens it will arch over his property, encroaching upon a boundary line marked by a 120-year-old wall of one of his homes. The 10-story Ivory Towers residence hall - which will house more than 700 students - is slated for completion in September 2004.
The facility would help the University come into compliance with city zoning orders requiring GW to house 70 percent of undergraduates on campus (See "City prevents SBPM building construction," p. 1).
But Schutjer said the boundary line in question - the wall of Kreuzer's house - is jointly owned by Kreuzer and GW, allowing GW to construct a building that extends partly over the townhouse.
"If we want to go up to the sky on our side of the wall, we're allowed to do it, and if he wants to go up to the sky on his side of the wall, he can do it, too," Schutjer said.
J. Michael Hannon, Kreuzer's lawyer, said even if the wall is jointly owned by GW - which he disputes - the building is still encroaching on his client's property.
"The property line is not in the middle of the wall, but if that's their position; they're only entitled to come up to the middle of the wall, and they're going over the wall," Hannon said.
