Eviction order likely ends dispute between Topeka developer and councilwoman

A judge's order evicting a tenant from his rental home at 502 S.E. 21st — which had previously been condemned by Topeka's city government — appears about to resolve a situation that sparked an emphatic response from a councilwoman.

Topeka developer Henry McClure, who intends to arrange for the sale of the property involved, asked the mayor and council April 16 for help finding tenant Joe McBride, whom he said appeared to have left to live elsewhere after having rented the house on a month-to-month basis for many years.

Councilwoman Sylvia Ortiz, who represents the district where the house stands, refused to help in a June 26 email to city officials and McClure, saying, "I will never be a part of this unfair treatment of a person who can't defend himself."

Meanwhile, Russell L. Fox, of Seal Beach, California — whom Shawnee County Appraiser's Office records say since 2008 has owned the property at 502 S.E. 21st with his wife, Linda Kay Fox — filed a petition June 3 seeking to evict McBride.

McBride served as his own attorney at a June 25 hearing in Shawnee County District Court, where Pro Tem Judge Dianne Glynn ordered McBride evicted from that house effective next Wednesday while noting that Topeka's city government this year had condemned it for maintenance code violations.

A Capital-Journal reporter went to the residence twice on Thursday looking for McBride but received no response to knocks on the door.

Investor hopes to make house's location site of convenience store

McBride has lived in the house involved for at least 25 years while paying rent from month to month, according to court records.

A longtime Topeka developer who is running as a Republican for the District 2 seat on the Shawnee County Commission, McClure on Thursday told The Capital-Journal he has been working for nearly two years as a real estate broker for the Foxes and is under contract to receive a commission if he sells the property at 502 S.E. 21st.

McClure hopes to arrange for the corner to be the site of a convenience store, he said.

McClure gave The Capital-Journal a copy of a letter he sent Ortiz in March 2023 saying he and others were "in the midst of transitioning a residence for a future project" and were "looking for experienced professionals like you" to help.

"We look forward to hearing back from you soon," the letter said.

Ortiz didn't respond, McClure said.

Project will 'brighten up' area, McClure tells council

McClure then spoke during the public comments portion of the April 16 Topeka City Council meeting .

"I need your help," he told the mayor and council.

McClure said he had been involved for perhaps two years with a project that will "brighten up the area" by developing a corner at S.E. 21st and Adams.

He said he needed help finding a man who had been renting the house there but had stopped paying rent and was no longer staying there. He said he had heard was having health problems and living with family members.

McClure didn't mention the man by name. He said he was sorry the man was having health problems while acknowledging he would need to evict him for the development project to move forward.

Councilwoman's email says, 'Stop the madness!'

Ortiz asked McClure to stop emailing her in an email she sent June 26 to city officials, including the mayor and council, and McClure.

Ortiz also provided a copy to media outlets, including The Topeka Capital-Journal.

Citizens weren't happy that McClure had shared McBride's "personal business" at the April 16 council meeting, Ortiz's email said.

"Let’s be clear, my job as a council member is NOT to do your dirty work or use my position to remove a disabled old Black man from a house that he has been paying rent since 2008," Ortiz wrote.

She questioned whether the house's owner/landlord fulfilled his obligation to make the property habitable.

"Stop the madness!" she wrote.

McClure told The Capital-Journal he wanted to make it clear that McBride's well-being has been a key concern of his throughout the process. He provided the newspaper a letter he sent the Foxes in which he stressed the importance of providing McBride alternative housing solutions.

"Overall, the developer should approach this situation with sensitivity and respect for Mr. McBride's culture and choices, and involve him in the decision-making process regarding alternative housing options," the letter said.

Order gives McBride until July 31 to remove possessions from premises

Topeka attorney William Scott Hesse, representing Russell Fox, on June 3 filed the petition seeking to evict McBride.

"The Plaintiff desires to sell such property and needs the Defendant to vacate the premises to sell the property," it said.

Glynn heard arguments in the case June 25 and on July 5 issued a written journal entry of judgment calling for McBride to vacate the premises "on July 31, 2024, or sooner."

That document said Fox agreed to let McBride to stay at the house through July 31, which is Wednesday "for the purpose of removing his possessions from the premises."

Contact Tim Hrenchir at threnchir@gannett.com or 785-213-5934.

This article originally appeared on Topeka Capital-Journal: Eviction order likely ends dispute between Topeka developer and councilwoman