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Corporation counsel reports Shines Theatre title transfer, Earthjustice water work and zombie-property efforts
Summary
Corporation Counsel Nathan Garland told the Auburn City Council on April 24 that an order transferring title of the Shines Theatre is awaiting a judge's signature, that the city continues to work with Earthjustice on water-related litigation, and that the office plans to resume work on vacant-property enforcement that generated over $40,000 last
Nathan Garland, corporation counsel for the City of Auburn, told the council on April 24 that the city’s legal office has several active priorities including a pending judicial transfer of the Shines Theatre, collaboration with Earthjustice on a water-related matter, representation of the planning board in a civil action over a proposed homeless shelter, and a revived focus on enforcement against vacant and neglected properties.
“...there is a, order on Judge Leon's desk, waiting for his signature to transfer title to this,” Garland said of the Shines Theatre, describing a court filing that would move title to the city.
Garland said the city has partnered with outside experts for several cases. He described Earthjustice’s involvement in a clean-water matter and said staff have been exchanging information with the nonprofit’s attorneys; a councilor noted those services are being provided without charge. Garland also said assistant counsel Tim had represented the planning board in litigation related to a proposed shelter on Grama Avenue.
On code enforcement and vacant properties Garland said the office is reviving its prior “zombie property” practice — litigation to hold banks and mortgage holders accountable for upkeep of vacant, blighted properties. He noted the city’s prior efforts had brought in more than $40,000 and said the office expects an uptick in foreclosure-related litigation under current economic conditions.
The legal office’s 2025 budget request included increased consulting fees to allow the city to retain outside experts when specialized legal knowledge is needed, Garland said. He also explained that restoring the vacant-property practice is intended both to protect neighborhoods and to recover fees to offset legal costs.
Ending
Garland closed by saying the office will remain ready to support the council and city staff on labor matters, zoning litigation and contract reviews and will bring specific items back to the council as needed.
