VIRGINIA:
IN THE CIRCUIT COURT OF THE CITY OF RICHMOND
John Marshall Courts Building
COMMONWEALTH OF VIRGINIA )
)
v. ) No. ____________
)
FRANK A. & VIOLA M. WOELFL )
4508 Haymarket Lane )
Richmond, Virginia 23234 )
BILL OF COMPLAINT
John R. Butcher respectfully avers the following:
Parties
1. Plaintiff John R. Butcher is a citizen of the City of Richmond.
Butcher brings this suit in the name of the Commonwealth as authorized by CODE
§ 18.2-258.01.
2. Defendants Frank A. and Viola M. Woelfl (here, collectively,
“Woelfl”) own the real estate at 3916 Chamberlayne Avenue in the City of
Richmond. The property bears an apartment building and is known as the
“Redwood Apartments.” Defendant Frank Woelfl manages and operates the
Redwood Apartments.
The Redwood Is a Public Nuisance
3. Woelfl purchased the Redwood Apartments on April 18, 1995. A
neighbor, Daniel Lawrence, first spoke with Mr. Woelfl, in person, on April 30,
1995. Lawrence informed Woelfl that there had been problems with drugs and
prostitution on the property and Mr. Woelfl assured him that he would tolerate
none of that. On January 21, 1996, Lawrence called to inform Mr. Woelfl that he
and his wife had been seeing signs of drug dealing at the Redwood Apartments,
including seeing spotters on the lawn (this had been confirmed to Lawrence by the
police). Mr. Woelfl thanked Lawrence and said that he would increase his
presence at the property (At the time Woelfl provided his own security). On
February 20, 1996 Lawrence was solicited by a spotter at the Redwood for a drug
buy and, after calling the police, called Mr. Woelfl. Mr. Woelfl told Lawrence not
to call again and that he was harassing him, and then hung up.
4. From the time of the Woelfl purchase until the present, the Redwood
Apartments have been frequented by persons under the influence of illegally
obtained controlled substances or marijuana, has been frequented by persons for
the purpose of illegally obtaining possession, manufacturing, or distributing
controlled substances or marijuana, and has been used for the illegal possession,
manufacture, or distribution of controlled substances or marijuana.
5. The effect of Woelfl’s mismanagement of the Redwood Apartments
is clear in the official data:
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a. In 1999, the 3900 block of Chamberlayne Avenue, which
includes the Redwood Apartments, had the highest rate of
offense reports, the highest rate of calls for service, and the
largest number of arrests of all the blocks on Chamberlayne
between Brookland Parkway and the Henrico County line.
b. In 1999, the Redwood Apartments had the highest rate of
calls for services per apartment and the largest number of
offenses reported per apartment in the 3900 block. Indeed,
the Redwood Apartments had the largest total number of
arrests and offense reports in the block.
c. The offense reports per apartment on the west side of the
3900 block for 1993-1999 are:
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These data show that, in 1999, the crime rate per
apartment at the Redwood was about double that at Abbey
Square (3918-20) and about four times the rate at the other
apartments on the block.
In September 1997 neighbors in Ginter Park launched
an Operation Squalor (public nuisance) prosecution of the
Redwood and the apartments at 3914. The City botched the
prosecution of the Redwood, which did not improve the crime
rate. The apartments at 3914 were the subject of a
presentment but did not go to court. Nonetheless 3914
thereafter reduced its crime rate to about the same level as the
other complexes on the west side of the block.
The owner at 3902 installed a new manager in 1997.
She reports it took her 18 months to clean the place up. The
data show an improvement in the first year and a continued
improvement in the second.
As to the Operation Squalor prosecution, the Woelfls
made a series of promises in the court case. Those included a
fence between the Redwood and Abbey Square. In fact the
"fence" as built (by the next-door landlord) included a
(carefully engineered) passage that made the fence irrelevant.
d. During 2000 the police database reported eleven separate
narcotics incidents related to the Redwood:
INCIDENT_NO DATE TIME NO STREET OFFENSE_DESCRIPTION
20000113-0922 1/13/2000 20:45:00 3916 CHAMBERLAYNE DRUG/NARCOTIC VIOLATIONS
20000123-0022 1/23/2000 0:10:00 3916 CHAMBERLAYNE DRUG/NARCOTIC VIOLATIONS
20000217-0581 2/17/2000 16:00:00 3916 CHAMBERLAYNE DRUG/NARCOTIC VIOLATIONS
20000414-0846 4/14/2000 19:20:00 3916 CHAMBERLAYNE DRUG/NARCOTIC VIOLATIONS
20000414-0893 4/14/2000 3916 CHAMBERLAYNE DRUG/NARCOTIC VIOLATIONS
20000512-0323 5/12/2000 3916 CHAMBERLAYNE DRUG/NARCOTIC VIOLATIONS
20000519-0014 5/19/2000 1:00:00 3916 CHAMBERLAYNE DRUG/NARCOTIC VIOLATIONS
20000803-0802 8/3/2000 18:30:00 3916 CHAMBERLAYNE DRUG/NARCOTIC VIOLATION
20001101-0662 11/1/2000 17:15:00 3916 CHAMBERLAYNE DRUG/NARCOTIC VIOLATION
20001130-0920 11/30/2000 21:00:00 3916 CHAMBERLAYNE DRUG/NARCOTIC VIOLATION
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e. On July 7, 2000 the City sent Woelfl a notice about the
ongoing drug activity at the Redwood. Woelfl did not take
any effective action in response.
f. During 2000 the Redwood continued to lead the 3900 block
in the number of reported crimes.
g. During 2001 there have been further narcotics offenses and at
least two gun battles at the Redwood Apartments.
6. The Redwood Apartments are a common nuisance.
7. Woelfl has knowingly permitted and kept and maintained the
common nuisance described in Paragraphs 4 and 5.
8. Woelfl will continue to permit, keep, and maintain this nuisance
unless enjoined.
Prayer for Relief
ON THIS BASIS the Commonwealth prays that the Court under the
authority of CODE § 18.2-258.01 enjoin Woelfl, their tenants, agents, employees,
and any other person from contributing to or maintaining the nuisance at the
Redwood Apartments.
COMMONWEALTH OF VIRGINIA
By: _____________________________
John R. Butcher
Dated: June 7, 2001
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John R. Butcher
1508 Avondale Avenue
Richmond, Virginia 23227
(804) 264-5942 or 786-4073
JohnRButcher@mediaone.net
C:\My Documents\Docs\Office Files\_BELLEVUE\3916 Chamberlayne\Woelfl Complaint.Doc
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