STATE OF MICHIGAN

IN THE CIRCUIT COURT FOR THE COUNTY OF WAYNE

CITY OF DETROIT, A municipal corporation,

Plaintiff, Case No. CHc

Hon. Patricia P. Fresard, Chief Judge

vs

DENNIS KEFALLINOS, Personally,

SOUTHEND DEVELOPMENT GROUP, LLC,

A Michigan Domestic Limited Liability Corporation,

8236 WEST GRAND RIVER,

DETROIT, MICHIGAN, 48204,

(AKA 8240 WEST GRAND RIVER,

DETROIT, MICHIGAN, 48204),

Defendants.
________________________________________________________________________

City of Detroit Law Department

Jason H. Harrison (P62765)
Attorney for Plaintiff
2 Woodward Avenue, Suite 500
Detroit, Michigan 48226
(313) 237-5085

Document received by the MI Wayne 3rd Circuit Court.

(313) 224-5505 fax
[email protected]

There is no other pending or resolved civil action in Court

arising out of the transaction or occurrence alleged in this
Verified Complaint.

In accordance with the Third Judicial Circuit Court of

Michigan Docket Directives 2018-03(Effective February 5, 2018), the Defendant respectfully

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 request that the above-captioned case involving Blight and a Public Nuisance be assigned to
Chief Judge Patricia P. Fresard.

CITY OF DETROIT’S VERIFIED COMPLAINT

NOW COMES, Plaintiff, CITY OF DETROIT, City of Detroit, a Municipal Corporation,

by and through its Attorneys, CONRAD L. MALLETT (Corporation Counsel) and Attorneys

Jason H. Harrison and Abigail McIntyre, and hereby files its Verified Complaint and states as

follows:

1. Plaintiff, THE CITY OF DETROIT, is a Michigan Municipal Corporation vested with local

authority to protect the health, safety, and general welfare of the general public in the City of

Detroit, State of Michigan.

2. Defendant, SOUTHEND DEVELOPMENT GROUP, LLC, is a Michigan Domestic Limited

Liability Corporation, and is the owner of real property wherein a vacant and blighted church

structure stands in Detroit City Council District #6. (See EXHIBIT A, LARA Records).

3. Defendant, DENNIS KEFALINOS, is the sole member of SOUTHEND

DEVELOPMENT GROUP, LLC.

4. The Defendant(s) currently own 8236 W. Grand River, Detroit, Michigan, 48204, wherein an

abandoned church is located (hereinafter “Subject Property”). Upon information and belief,

Document received by the MI Wayne 3rd Circuit Court.

and pursuant to the records of the Wayne County Register of Deeds, Defendant(s)have

maintained a legal or equitable ownership interest in the Subject Properties. (See Exhibit B,

Wayne County Register of Deeds).

5. That Plaintiff’s claim(s) arise out of the fact Subject Property is owned and/or managed by

Defendant(s), located in the City of Detroit and that this court has equitable jurisdiction by

virtue of MCL § 600.2940 et seq.

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6. Venue is appropriate pursuant to MCL § 600.1621 et. seq. since the Subject Property is located

in the County of Wayne, City of Detroit.

FACTS

7. Plaintiff incorporates by reference paragraphs 1 through 6 of this Verified Complaint as if

fully restated herein.

8. The Subject Property is located in City of Detroit City Council District #6 and are located

on a commercial corridor within the Southwest section of Detroit on Grand River Avenue,

north of West Grand Boulevard.

9. That Defendants filed a demolition deferral application with the Plaintiff on December 5,

2019, and said application was denied on April 13, 2021.

10. That, although Defendant’s application was denied by the Plaintiff, to date, the Defendants

have failed to demolish the Subject Property. (See Exhibit C, Photographs of the Subject

Property dated February 9, 2023).

11. As of the date hereof, the Subject Property is a public nuisance.

12. As of the date hereof, the Subject Property remains blighted, unsafe and/or dangerous as a

public nuisance and danger to the safety and welfare of the public based on the following

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factors:

a. That on or about February 9, 2023, inspections were completed at the Subject Properties

by the City of Detroit Buildings, Safety, Engineering and Environmental Department

(hereinafter “BSEED”). (See Exhibit D, BSEED Correction Order dated February 9,

2023).

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 b. Upon arriving at the Subject Property, a BSEED Inspector observed the Subject Property,

a vacant building, is unsafe and unfit for human occupancy pursuant to the applicable

requirements of Detroit Code, § 8-15-37.

c. Defendant(s) continue to maintain conditions at the Subject Property wherein parts of the

building are likely to fall, become detached or dislodged and injure persons and, further,

the Subject Property is open pursuant to Detroit Code, § 8-17-21.

d. That the Subject Property is accessible to entrance by trespassers contrary to the

requirements of the Detroit Code. Detroit Code, § 8-17-21.

13. That on or about February 9, 2023, as a result of the exterior inspections completed at the

Subject Property by BSEED. (See Exhibit D, BSEED Correction Order dated February

9, 2023).

a. That Defendant(s)were advised to secure openings to the Subject Property to protect the

interior from exposure to the elements and make inaccessible to entrance by trespassers,

and repair dislodged brick, yet, to date, failed to do so. (See Exhibit D, BSEED

Correction Order).

14. Plaintiff asserts that the current condition of the building at the Subject Property warrants an

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immediate inspection because of the conditions discussed above.

15. As of the date hereof, Defendant(s) has/have failed to repair the building located on the

Subject Property in accordance with the Detroit Code (including § 8-15-1 et seq. governing

Property Maintenance).

16. Defendant(s) has/have failed to abate, correct, repair or remove the public nuisance and blight

at the Subject Property so that the debris is removed, the property maintenance violations are

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 corrected, and the Subject Property is brought into compliance with the Detroit Code

governing Property Maintenance (§ 8-15-1 et seq.).

COUNT ONE
COMMON LAW PUBLIC NUISANCE

17. Plaintiff incorporates by reference paragraphs 1 through 16 of this Verified Complaint as if

fully restated herein.

18. The public has an interest in abatement of public nuisances affecting health, safety, the

environment, danger to the public, and in the protection of a public property right or interest.

19. The Subject Property are a blight on the residents of the City of Detroit Subject Property and

present an imminent threat to the health, safety, and welfare of the public. The condition of

the property directly threatens the health, safety, and welfare of neighboring residents and

those who must pass the property when using public sidewalks and streets. The Subject

Property constitutes a common law public nuisance.

20. Upon information and belief, the condition of the Subject Property is in plain view so that

Defendant(s) are fully aware of the urgent need to abate each and every nuisance at the Subject

Property.

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21. The Plaintiff is entitled to abatement of the common law nuisance created by or condoned by

Defendant(s) as owners and/or interest holders of the Subject Property.

COUNT TWO
NUISANCE ABATEMENT

22. Plaintiff incorporates by reference paragraphs 1 through 21 of this Verified Complaint as if

fully restated herein.

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23. Defendant(s), as owners and/or interest holders of the Subject Property, have failed, neglected,

and/or refused to remedy the conditions that exist on the Subject Property and the current

property conditions continue to threaten the health, safety, and welfare of the City of Detroit

residents.

24. Unless ordered by this Honorable Court, Defendant(s), as owners and/or interest holders of

the Subject Property, will continue to maintain this nuisance to the substantial and irreparable

damage of the City of Detroit, its residents, and nearby residents of the Subject Property.

25. That this is demonstrated by Defendants’) failure to comply with Plaintiff’s Demand Letter

sent via U.S. Mail to Co-Defendant, Southend Development Group, LLC, on February 6,

2023, wherein the Defendants were informed the Subject Property is out of compliance and

is a public nuisance.

26. That, to date, the Defendants have not brought the Subject Property into compliance or made

any submissions to the Plaintiff approaching compliance.

27. That pursuant to MCL § 600.2940, Plaintiff is entitled to an Order requiring Defendant(s)to

abate the nuisance at Defendant(s)’ sole expense.

28. That the Subject Property is in violation of the Detroit City Code, and the Subject Property is

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in violation of the laws of the State of Michigan including: MCL § 600.3801 et seq., MCL §

600.3810, MCL § 600.3815 and MCL § 600.3825.

29. That Defendant(s)are in violation of Detroit City Ordinance Chapter 8, Article XVII, Division

3, which makes it unlawful for any owner or agent thereof to keep or maintain any building

or structure or part thereof, in an unsafe and dangerous condition. That the City of Detroit is

authorized to bring an action against the owner and/or interest holders of the Subject Property

to make it safe. See Detroit Code §8-15-12, MCL § 600.2940. et seq.

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 COUNT THREE
PERSONAL LIABILTY OF DENNIS KEFALLINOS AS THE SOLE MEMBER OF
SOUTHEND DEVELOPMENT GROUP, LLC

30. Plaintiff incorporate by reference paragraphs 1 through 29 of this Verified Complaint as if

fully restated herein.

31. That the Defendant, Dennis Kefallinos, is an officer of the Co-Defendant, Southend

Development Group, LLC. (See Exhibit A, LARA Records).

32. That, at all times relevant to the attached Emergency Correction Order wherein the church

structure stands, Mr. Kefallinos had knowledge of the existence and/or continuance of the

nuisance(s) on this property, or should have known of it by exercising ordinary diligence.

(See Exhibit D, Emergency Correction Order).

33. That Mr. Kefallinos, by virtue of his position as an Officer of the Co-Defendant, Southend

Development Group, LLC, had the power to control corporate activities throughout the

existence of this public nuisance.

34. That, despite having said power to control said corporate activities, Mr. Kefallinos failed to

abate the nuisance and any and all of Co-Defendant’s, Southend Development Group, LLC,

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activities that have caused said public nuisances.

35. That Defendant, Dennis Kefallinos, is personally liable for said nuisances.

DECLARATORY JUDGMENT PURSUANT TO MCR 2.605(A) (1)

36. Plaintiff incorporates by reference paragraphs 1 through 35 of this Verified Complaint as if

fully restated herein.

37. That in accordance with the laws of the State of Michigan, if Defendant(s) do not

immediately abate and remove the nuisance, then Plaintiff is entitled to a court order declaring

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 the immediate clean-up, remediation and abatement of the nuisance and blight at the Subject

Properties and a first priority judgment lien on the premises or in the alternative that the

ownership of the Subject Property be transferred to Plaintiff, free and clear of all liens,

interests, and encumbrances.

38. Plaintiff seeks to have the interests of Defendant(s) subject to a first priority judgment lien for

Plaintiff to cover the costs, expenses and fines related to the cleanup, removal of debris and

remediation of the Subject Property and a first priority personal judgment against the

Defendant(s) who are the fee simple title owners of the Subject Property or in the alternative

to have ownership of the Subject Property transferred to Plaintiff free and clear of all interests,

liens and encumbrances.

39. An actual case and controversy exists between and among the parties and Plaintiff seeks a

Declaratory Judgment that requires Defendant(s) to immediately abate the nuisances at the

Subject Property by taking all necessary action to have the Subject Property inspected by City

of Detroit Officials for compliance and blight remediation.

COUNT FOUR
INJUNCTION PURSUANT TO MCR 3.310 -- EQUITABLE RELIEF & APPOINTMENT
OF A RECEIVER – MCL § 600.2926

Document received by the MI Wayne 3rd Circuit Court.

40. Plaintiff incorporates by reference paragraphs 1 through 39 of this Verified Complaint as if

fully restated herein.

41. That Defendant(s) have allowed a nuisance, which is a church-structure building, to exist at

the Subject Property, that are causing irreparable harm, an immediate danger and blight to

exist. That there is a likelihood of success on the merits by Plaintiff due to Defendant(s)’

actions or omissions causing a nuisance and blight with and of the church-structure building

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 at the Subject Property. That an equitable remedy is necessary to order Defendant(s) to abate

the nuisance and blight, so that solely a legal remedy is not sufficient in the instant case.

42. That Plaintiff is entitled to the immediate abatement of the nuisance and blight and immediate

remediation of the church-structure building at the Subject Property so that it is no longer a

danger to the community and the general health, safety and welfare of the public.

43. That Defendant(s)’ failure to immediately abate, remove and/or remediate the nuisance and

blight at the Subject Property shall result in the immediate appointment of a Receiver to

immediately take steps to demolish the building on the Subject Property, clean-up the

premises, remove the debris/asbestos/contaminants, all at the cost(s) to be incurred by

Defendant(s).

44. That Defendant(s) will be unjustly enriched by Plaintiff’s clean-up and mitigation efforts to

the Subject Property without fully compensating the City of Detroit for the clean-up costs,

and/or the redevelopment costs associated with the Subject Property to be incurred by the City

of Detroit and its Residents due to the nuisance conditions at Subject Property and expenses

so that, if necessary, the appointment of a Receiver in accordance with MCL § 600.2926, who

is authorized to sell the Subject Property to cover the aforementioned costs and expenses

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related to the Subject Property including the cost/expenses of the Receiver.

45. Plaintiff respectfully requests the waiver of Security in accordance with Michigan Court

Rule(s) 3.310(D)(2).

46. That as of the date hereof, Defendant(s) have not abated the public nuisances and blight on

the Subject Property.

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47. Attached herewith is Exhibit D (BSEED Correction Orders), Exhibit C (Pictures of

Subject Properties dated February 9, 2023), which are incorporated by reference into this

Verified Complaint.

REQUEST FOR RELIEF

THEREFORE, the Plaintiff, City of Detroit, respectfully seeks the following relief from

this Honorable Court:

A. Declare the Subject Property a public nuisance, abandoned, a blight and common law

nuisance per se; and an unreasonable interference with a common right enjoyed by the

general public by unreasonably refusing abate said public nuisance;

B. Order Defendant(s) to immediately undertake the following actions:

1. Immediately abate all nuisances and immediately clean-up the entire Subject Property

in accordance with the Detroit Code § 8-15-1, et seq. and § 8-17-1, et seq and all

applicable rules and regulations;

2. Remove all debris at Defendant(s)’ expense; and

3. Cooperate fully with officials of the City of Detroit to ensure that remediation of the

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nuisance is in accordance with applicable environmental, and other laws, ordinances,

and regulations, including but not limited to clean-up of the building at the Subject

Property, removal of the blight and back-fill of the premises in the event that any

foundation/basement/flooding is removed from the premises.

4. In the event Defendant(s) are unable to immediately abate the nuisances at the Subject

Property, to allow Plaintiff to enter the Subject Properties to immediately eliminate the

nuisances at the Subject Property, at the full cost and expense to Defendant(s); or

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5. Upon Defendant(s)’ failure to abate the nuisances within the time specified by order,

grant Plaintiff such additional and further injunctive/equitable relief or money damages

as necessary and appropriate in the circumstances, including but not limited to the

issuance of a first priority judgment lien and/or monetary judgment against

Defendant(s)and/or transfer of ownership of the property to the City of Detroit, free

and clear of all liens and encumbrances and/or appointment of a Receiver to complete

the aforementioned tasks, including the sale of the Subject Property to cover all of the

aforementioned expenses and the fees of the Receiver or transfer of title to the Subject

Property, free and clear of all legal and equitable interests, liens and encumbrances;

6. To appoint a Special Master for Discovery purposes and to make recommendations to

this Honorable Court regarding Discovery matters, Facilitation and/or Settlement;

7. For Defendant(s) to pay all outstanding real property taxes to the City of Detroit or

County of Wayne immediately or as said taxes become due;

8. Cooperate fully with Officials of the City of Detroit to ensure that remediation of the

nuisance is in accordance with applicable criminal laws, public nuisance laws,

environmental, and other laws, ordinances and regulations, including but not limited to

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abating the nuisances or the demolition and clean-up of the Subject Property in

accordance with the local ordinances in the City of Detroit and the State of Michigan

regulations and statutes;

9. Provide that this Honorable Court shall retain jurisdiction until such time as the

Honorable Court’s order is fully complied with by Defendant(s) ; and

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 C. Order Defendant(s)to provide proof of Financing demonstrating the Plaintiff can

complete the any abatement of the public nuisance within sixty (60) days of the filing of

this lawsuit;

D. Order Defendant(s), in the absence of demonstrating to this Honorable Court an

immediate capacity to complete the abatement, to deed the property to Plaintiff, City of

Detroit.

E. Such further relief as this Honorable Court deems just and appropriate.

March 8, 2023

Respectfully Submitted,

/s/Jason H. Harrison
Jason H. Harrison(P62765)
Attorneys for Plaintiff
2 Woodward Avenue, Suite 500
Detroit, Michigan 48226
(313) 237-5085
(313)224-5505
[email protected]

Document received by the MI Wayne 3rd Circuit Court.

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Document received by the MI Wayne 3rd Circuit Court.