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    Post: How can this happen?

    Posted by Crystal on 4/21/08

    This lawsuit was filed in Baton Rouge, LA. (East Baton
    Rouge Parish). Three years ago my daughter, myself and her
    one year old baby moved into an apartment complex. This is
    a mixed use apartment complex and we had no idea at
    that time that mixed use developments existed. This
    should not even matter as far as the lawsuit is concerned
    but now it may seem to play a crucial role (as you will
    see later). Two months after we moved in a leak from the
    upstairs bath was "raining" down into the living room.
    Management did not respond until the third complaint.
    Maintenance came and opened a hole in the ceiling and then
    returned the next day to "repair" the leak. The hole in
    the ceiling had a very strong musty smell. I had noticed
    a funny smell every once and a while since we moved in but
    did not know what it was. We started to feel sick the next
    morning so my daughter and the baby left until the ceiling
    was repaired. In the two months since we moved in the air
    vents had become almost completely covered with a black
    and brownish thick growth. The smell was getting stronger
    daily especially when the a/c came on. When we moved out
    two months later everything was covered with a blackish
    sticky film. Mold was growing on things just from being in
    the apartment with the air blowing on them. Mold was
    starting to grow on the inside of the windows. When you
    wet your hair to wash it you smelled mold washing out. The
    carpet was sticky. We had never heard of anything like
    this. I still have not read anything that describes what
    this is like. I don't think I would have understood how
    horrible that situation is if I had not experienced it.
    Between us asking management to have testing done and
    their "suggestion" we just move, this gets much more
    involved. When we asked again that they address the
    issues, we were threatened with "You don't know who owns
    this place do you." We then had professional mold testing
    performed through an attorney which prove a rather extreme
    health and safety issue that had to have been known to
    management. Perhaps that was the reason for their very
    rude and unbelievable behavior. A lawsuit was filed. Now
    it is three years later and the defendants filed for a
    motion for summary judgement. The professional reports,
    lab work, photos, depositions, etc. are very clear there
    is evidence of fraud and if proven in our favor this could
    be an extremely expensive project to fix and more lawsuits
    could possibly result. When this motion comes before the
    judge (who is determine if there is enough evidence to go
    to trial) it just so happens this property has just
    received $17,000,000 through the Louisiana Housing Finance
    Agency for refurbishing, etc. The judge states he did not
    even read all of the documents submitted to him (which I
    believe is his job and has to do with my rights as a
    citizen in this country) and grants the motion for summary
    judgement. Did I mention his wife is the new Governor of
    Administration and on the State Bond Commission? Of course
    we are going to appeal with the added fact that the judge
    admitted he did not read everything. Now I am just hoping
    all of this was a horrible nightmare and the legal system
    is there for me through the appeal process. I am just
    trying to get some feedback. I thought maybe if this
    information were to find its way into the right places it
    might help me. I am still in shock thinking that all of
    this is a little to coincidental and could affect my right
    to use the court system. There are people in that
    apartment complex now and the professional testing we had
    done reported that under no circumstances should anyone
    move into that apartment until certain measures were
    taken. That was not done. The buildings were partially
    constructed in the 1980's then left in the elements for
    years until finished. These types of developments have
    state and federal compliance laws they have to comply with
    but perhaps things get overlooked.

    Posts on this thread, including this one

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