digital collegian
Tuesday, Jan. 21, 1997

Landlord-tenant settlement absolves University official

By JENNIFER NEJMAN
Collegian Staff Writer

The name of University Board of Trustees member Joel Myers has been cleared of wrongdoing in a landlord-tenant dispute that resulted in the loss of personal property.

"It's a shame that somebody had their reputation dragged through the mud," said Barry Myers, Joel Myers' brother. "We just wanted to get it out and get it on the record to everybody in an official capacity."

"The University has to do a better job so that the kids get a fair shake."

- Michael Kavanagh, father of Megan Kavanagh

The dispute began in 1995 when Kimberly Rice, a tenant of 123 S. Gill St., telephoned Doris Myers, Barry and Joel's mother and the property manager of the South Gill Street house, and asked if she could leave a few items in the living room of the house beyond the terms of her lease, which expired at noon August 14.

Doris Myers told Rice to call the new tenants and work the situation out with them. An informal agreement was made between Rice and Jeffery Otis, one of the incoming tenants, for Myers to leave a few items behind in the house.

When Rice, Megan Kavanagh and Jaima Dixon arrived at 123 S. Gill St. August 17, they found most of their property had been placed outside by the new tenants. Many of their items were either damaged or missing.

At this point, Michael Kavanagh, District Attorney of Ulster County, New York, and Megan's father, filed a lawsuit against Doris Myers.

Michael Kavanagh and the women also asked Joel Myers, the property owner, to resign from his position on the Board of Trustees, Barry Myers said.

"It got ridiculous, quite candidly," he said.

Many investigations were done by different agencies and none of those investigations found any basis for the claims made against Doris Myers. The State College Police Department and the district attorney investigated the situation, Barry Myers said.

"Whether this was simply an intent to collect money or seek publicity, no one knows." he said.

Both sides of the situation -- the former tenants, the property manager and her family -- have agreed through their lawyers and much paperwork to end the dispute and court proceedings.

Yet, each side agreed to end the lawsuits for very different reasons.

Barry Myers said his brother agreed to drop the lawsuits in exchange for a letter of apology for involving Joel in the situation.

"All along Joel Myers claimed he had nothing to do with it," Barry said. "At most it was a misunderstanding between incoming and outgoing students."

Barry Myers said his brother had taken the position that he would not pay money to the plaintiffs, the former tenants.

He said when Joel Myers asked the plaintiffs to supply under oath what the nature of their claims were, the plaintiffs opted to settle. Michael Kavanagh sent a letter of apology to Joel Myers, Barry Myers said.

But Michael Kavanagh said the letter he sent is not a letter of apology.

"In return for their dropping the libel and slander suits (that the Myers filed against the plaintiffs), I agreed and Megan agreed to drop suits in the small claims court."

He said the women decided to drop the suits because Megan, who has now graduated from the University, is getting on with her life.

However, Michael Kavanagh said, the other reason he decided to drop the suits was to end the legal problems.

Joel Myers said none of the allegations brought against him were proven and he is willing to let bygones be bygones.

But Michael Kavanagh stressed he did not drop the lawsuit because he was apologizing for beginning the court battle. He said he hopes the situation informs the University of the uneven balance between landlords and tenants.

"The University has to do a better job so that the kids get a fair shake," Michael said.

Neither side has talked or met in person and all agreements were made through lawyers. The settlement went into effect Jan. 3.

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