Judge Sally Gomery’s ruling, released Friday, also orders the controversial group to pay $58,000 in costs to property owners within 30 days. Patrick McDonald, who owns the property near the ByWard Market with three other partners, claims a deal to buy the building from TUPC fell through because TUPC failed to make deposits totaling $100,000, according to court documents. His affidavit states that his failure to make those payments, combined with the $10,000 the group owes in rent and his failure to provide proof of $5 million in liability insurance, entitles the landlord to terminate the lease. Notices were posted on the buildings in mid-August indicating the deal was terminated, but TUPC refused to vacate the property. On Monday, the group’s lawyer argued that it had an “oral agreement” with the owners, not a written lease, while the owners say the only agreement was a purchase and sale agreement, which Comer signed. This deal shows the site was to be sold for $5.95 million. In her ruling, Gomery wrote that the terms of the lease were set forth in the sales agreement and TUPC “materially breached the agreement” when it failed to pay the $100,000 “despite two extensions of time.” The judge also said the termination notice was valid and TUPC was not entitled to any relief because it still hasn’t paid what it was due under the agreement and “hasn’t come to court with clean hands.” Gordon Douglas, a lawyer for the owners, said he has submitted a draft order to the court, which should be signed by Gomery. A sheriff court will ultimately decide when to execute the warrants, according to the lawyer. The judge’s decision follows months of tension between Lowertown residents and the group. TUPC repeatedly called the police to the scene, and supporters, including Comer, had sprayed people with water guns. Officers were called to the area so often that police have committed to an increased presence around the property until the situation is resolved.
