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Building owners say they will fight

Trial approaches involving Montrose Collection, which is accused of violating city zoning codes.

June 04, 2008|By Jason Wells

SOUTHEAST GLENDALE — Owners of the Montrose Collection property told a Glendale Superior Court judge on Tuesday that they intend to defend themselves against criminal charges alleging they, in addition to the restaurant’s operators, violated city zoning codes.

City prosecutors argue that the property owners and operators are liable for the restaurant operating primarily as a banquet hall in violation of its zoning-use certificate.

La Crescenta resident Fred Teichert — who owns the Montrose Collection building on the 2800 block of Honolulu Avenue with his wife, Ramona — told Superior Court Judge Stan Blumenfeld on Tuesday that attorney Michael Levin would no longer represent them as they attempt to separate themselves from restaurateurs Takui and Arman Aivazian.

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The Teicherts in May failed in their attempt to extricate themselves from the criminal complaint after arguing in court that they had nothing to do with the restaurant’s business operations, an argument Fred Teichert reiterated on Tuesday.

“I’m just the landlord,” he told Blumenfeld.

But the judge said that was no longer an issue before the court, and gave all three parties until July 1 to hammer out any factual stipulations that might cut down on the amount of evidence needed for trial.

With the Teicherts representing themselves, the now three-way talks between the Teicherts, the city and Levin, who continues to represent the Aivazians, could become more complicated, attorneys said.

A key issue for the landowners is a 2005 application for a parking reduction permit, signed by Fred Teichert, that would have allowed the restaurant to expand without adding any additional parking spaces.

Deputy City Atty. Dorine Martirosian has pointed to the application as proof that the Teicherts’ involvement with the Montrose Collection went beyond a simple landlord-tenant relationship.

The Teicherts declined to comment outside of court.

Progress in the case has been slow, as Blumenfeld spent months fielding defense motions seeking to prevent a trial for one or all of the defendants.

On Tuesday, the judge warned all three parties that he was continuing the arraignment “one last time.”

The city filed the complaint after the City Council in September let stand an earlier decision from the former Board of Zoning Appeals to uphold Zoning Administrator Edith Fuentes’ revocation of the parking reduction permit.

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