|
More Photos (1):
Freedom Manor Caregivers Retail TOTAL WINE & MORE WINE TEAM MEMBERS, CASHIER & STOCK MEMEBERS Technical Yavapai College Analyst Banner Programmer Education Yavapai College Teachers General Prestige Maintenance USA Area Manager Health Care SOUTHERN ARIZONA ENDODONTICS I NSURANCE PROCESSOR Dental Apache Dental Porcelain Techs Tucson Regionfamily takes plea to regents
'Fair' pact sought before dorm replaces homearizona daily star
Tucson, Arizona | Published: 01.25.2008
As they press forward with plans for new dorms on East Sixth Street, UA officials have reignited a long-running battle with an elderly couple whose home stands in the way of construction.
William and Barbara Kennedy have been offered $100,000 to leave the house, which the UA bought 12 years ago in an agreement that allowed the couple to remain there as long as they wanted. The Kennedys are asking for about $244,000, contending that $100,000 would cover rent for just a few years and potentially leave them homeless.
William Kennedy and the couple's son Steven took their pleas to the Arizona Board of Regents meeting Thursday on campus, asking that the university offer more money to buy out the life estate agreement.
"The university is taking much more than they are willing to give in compensation for what will be a difficult and painful move for my wife and myself," Kennedy told the board. "If a fair and reasonable agreement is reached, I will be pleased to shake hands and announce to the alumni, the community and the whole world that the regents have done the right thing by me and my wife."
The Kennedys are worried that UA officials may be trying to violate the life estate agreement that settled the initial conflict.
In January 1996, the UA was trying to take over the Kennedy home and two others on Sixth Street for a parking lot. In a last-minute compromise, the UA relented, and, with the purchase, agreed to let the couple stay in the home until William's death.
In July, the Kennedys were contacted by Thomas M. Thompson, special assistant to the senior vice president for business affairs, about the UA's interest in purchasing the life estate so the dorm project could move forward.
William Kennedy said the initial offer of $67,000 came with an ultimatum that they accept the money or be evicted through an eminent domain action.
"Being given a small amount of money and being shown the door doesn't allow them to live out their days," said Steven Kennedy. "We're just simply asking the board to direct and help the university to do the right thing. We all agree this is a good project and it's needed, but we are asking that you don't leave my family out in the street worse off than they were before the project began. I'd like to ask the board to uphold your promise of 12 years ago to provide security for my parents in their golden years."
Joel D. Valdez, the UA's senior vice president for business affairs, didn't dispute William Kennedy's description of the offer but said the original counterproposal of $475,000 was too high. Valdez also said Kennedy made varying demands about whether UA officials should negotiate with him, his attorney or his son.
Negotiations will continue between UA officials and Kennedy, and Valdez predicted an agreement would be reached without eminent domain action. Ultimately, the site must be cleared by September, Valdez said.
"The question comes down to how much taxpayer money do we pay?" Valdez said.
As the regents considered the UA's request for project implementation approval, one of the final steps for campus construction projects, they said comments from the Kennedy family will be taken into account.
"I think we all want to do what's right here and instruct (UA) President (Robert) Shelton to continue to work with the family on their concerns prior to this being brought back to us for the final approval," said Regent Dennis DeConcini.
The Kennedys said after the meeting that they believe the matter will be resolved fairly.
"I feel that if (DeConcini) believes it's going to work out, it probably will," William Kennedy said.
The project calls for three new residence halls at a total cost of $178 million, which is $7 million below earlier cost estimates. When complete in 2011, the project will add 1,188 beds to the campus, nearly covering an expected shortage of living space for first-year students.
After the meeting, Regent Fred DuVal stood with Steven Kennedy and said that honoring the life estate is a legal and moral obligation for the university and the board.
"We're not satisfied with the current relationship with some good citizens who have some fairness issues," DuVal said. "We need to decide what is the appropriate way of recognizing the value of the life estate."
DuVal said the issue will be handled with a "fresh set of eyes and in good faith," but that the university won't buy the home for a second time.
Kennedy, 78, was born in the house, which his family has owned ever since his father built it in 1919.
Kennedy said his family has a history of longevity. His great-grandfather lived to be 112 and his mother lived to 93.
"The thing that really concerns us is only the Lord knows how long we're going to live," he said. "It scares the hell out of me when they only want to give us money for three or four years."
● Contact reporter Eric Swedlund at 573-4115 or at eswedlund@azstarnet.com.
|
|