Eviction notice ends dispute between developer and Topeka city councilman

A judge’s order to evict a tenant from his rental unit at 502 SE 21st, who had previously been ordered out by the Topeka City Council, appears to put an end to a situation that drew an emphatic response from one council member.

Topeka developer Henry McClure, who plans to handle the sale of the property, asked the mayor and council on April 16 for help finding tenant Joe McBride, who, he said, had moved elsewhere after renting the home on a month-to-month basis for years.

Councilwoman Sylvia Ortiz, who represents the district where the house is located, declined to help in a June 26 email to city officials and McClure, saying, “I will never be a part of this unfair treatment of an individual who cannot defend themselves.”

Meanwhile, Russell L. Fox of Seal Beach, California — who has owned the property at 502 SE 21st with his wife, Linda Kay Fox, since 2008, according to Shawnee County appraisal office records — filed a petition on June 3 to have McBride evicted.

McBride acted as his own attorney at a June 25 hearing in Shawnee County Superior Court, where Judge Dianne Glynn ordered McBride evicted from the home effective next Wednesday, noting that the Topeka city council had condemned the home this year for maintenance code violations.

A Capital-Journal reporter went to the home twice Thursday looking for McBride, but got no response to knocks on the door.

Investor hopes to turn home location into supermarket

Court documents show McBride has lived in the home for at least 25 years and pays monthly rent.

McClure, a longtime Topeka developer who is running as a Republican for the District 2 seat on the Shawnee County Commission, told The Capital-Journal on Thursday that he has worked as a real estate agent for the Foxes for nearly two years and that he has a contract to receive a commission if he sells the property at 502 SE 21st.

McClure said he hopes a grocery store will come to the corner.

McClure provided The Capital-Journal with a copy of a letter he sent to Ortiz in March 2023, in which he wrote that he and others were “in the midst of remodeling a home for a future project” and were “looking for experienced professionals like you” to help.

“We hope to hear from you soon,” the letter said.

Ortiz did not respond, McClure said.

Project will ‘brighten up’ area, McClure tells council

McClure next spoke during the public comment portion of the April 16 Topeka City Council meeting.

“I need your help,” he told the mayor and council.

McClure said he has been involved for two years in a project that will “brighten up the area” by developing a corner at the corner of SE 21st and Adams.

He said he needed help finding a man who rented the house there but had stopped paying rent and was no longer living there. He said he had heard he had health problems and was living with relatives.

McClure did not name the man. He said he was sorry the man had health problems, but acknowledged he would have to evict him to move forward with the development.

The council member’s email reads: ‘Stop the madness!’

Ortiz asked McClure to stop sending her emails in an email she sent on June 26 to city officials, including the mayor and council, and to McClure.

Ortiz also provided a copy to media outlets, including The Topeka Capital-Journal.

Citizens were unhappy that McClure shared McBride’s “personal matters” during the April 16 council meeting, Ortiz’s email said.

“Let us be clear: my job as a council member is NOT to do your dirty work or abuse my position to evict a disabled, elderly, black man from a home he has been paying rent on since 2008,” Ortiz wrote.

She wondered whether the owner/landlord of the house had fulfilled his obligation to make the property habitable.

“Stop the madness!” she wrote.

McClure told The Capital-Journal that he wanted to make it clear that McBride’s well-being has been one of his primary concerns throughout the process. He provided the newspaper with a letter he sent to the Foxes, in which he stressed the importance of providing McBride with alternative housing solutions.

“Overall, the developer should approach this situation with empathy and respect for Mr. McBride’s culture and choices, and include him in the decision-making process regarding alternative housing options,” the letter said.

McBride has until July 31 to remove belongings from the property

Topeka attorney William Scott Hesse, who represented Russell Fox, filed a petition to have McBride deported on June 3.

“Plaintiff wants to sell the property and wants defendant to vacate the premises in order to sell the property,” the judgment said.

Glynn heard oral arguments in the case on June 25 and published a written diary entry on July 5 calling on McBride to vacate the premises “by July 31, 2024, or sooner.”

The document states that Fox agreed to allow McBride to remain at the home through Wednesday, July 31, “for the purpose of removing his belongings from the property.”

Contact Tim Hrenchir at [email protected] or 785-213-5934.