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Wednesday, March 2, 2011

Haight Recycling Center Eviction 'Illegal' Lawyer Says

Posted By on Wed, Mar 2, 2011 at 2:03 PM

click to enlarge A matter of life and death? Not really, but recylers are serious people
  • A matter of life and death? Not really, but recylers are serious people

Turns out, the thousands of HANC recycling center supporters might not have to shackle themselves to the building in protest of the pending closure Friday.

Just two days before city officials were to shutdown the controversial Haight Recycling Center, a lawyer found a glitch in the paperwork that could keep the center open another three months.

Attorneys representing HANC fired off a last-minute letter to Phil Ginsburg, general manager of the Parks and Recreation Department, purporting that his own interpretation of the eviction rules says the city cannot evict the center until June 30, 2011 -- when its tenancy officially expires.

HANC attorneys tried to argue that the recycling center -- which is being evicted on Friday -- has an annual lease that terminates on June 30. But Ginsburg responded, saying that the center has a quarterly lease with its landlord, the Parks and Recreation Department.

Fine. But even by that logic, lawyers say, the March 4 eviction is not legal because they must give 90 days notice.


Now, the city can either take HANC to court or wait out the June 30 lease, said Richard DeVries, a San Francisco attorney representing HANC.

"A private litigant would do the math, pick up its marbles and go home," DeVries says in the letter. "One would hope that the the [Parks and Recreation Department], utilizing taxpayer dollars, would do the same."

Park and Rec officials deferred comments to the city attorney's office, which said that the city will stand by its March 4 eviction. City supervisors supported a resolution urging Mayor Ed Lee to reconsider closing down the recycling center. Supporters were planning to stage an unusual protest, locking themselves to the recycling center on Friday -- the day it was supposed to close.

Critics have said the recycling center is nothing more than an ATM for homeless people who congregate in teh area.

Ed Dunn, director of the HANC Recycling Center, told SF Weekly that he hopes the mayor will change courses and keep the recycling hub open.

"It's not too surprising they messed up the paperwork, considering the general manager of [Parks and Rec] is Phil Ginsburg," Dunn says.

Whatever that means. 


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About The Author

Erin Sherbert

Erin Sherbert

Bio:
Erin Sherbert was the Online News Editor for SF Weekly from 2010 to 2015. She's a Texas native and has a closet full of cowboy boots to prove it.

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