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Landlord files another lawsuit against Bethesda developer

By WTOP Staff

The Red Tomato Cafe and BCC Automotive garage will likely be the next businesses forced out by what a landlord says are significant safety issues from constructionThe owner of the building that housed the popular Red Tomato Cafe has filed another lawsuit against the developer and construction contractors of a next-door apartment building.

Green Tomato LLC, which owns the buildings at 4910 and 4912 St Elmo Ave., filed a lawsuit on Tuesday in Montgomery County Circuit Court against developer Bainbridge, the Turner Construction Company and Schnabel Foundation Company.

In the suit, the property owner claims sheeting and shoring work done for the 17-story, 200-unit apartment building caused structural damage to its buildings.

Green Tomato is a limited liability company held by Greenhill, the same property owner that sued Bainbridge and its construction contractors for the same structural issues in its buildings at 4905 and 4909 Fairmont Ave. Those buildings were home to Fresh Grill and a dance studio.

The landlord and Bainbridge settled that suit four days before a scheduled December 9, 2013 trial. Subsequent court proceedings revealed the defendants agreed to pay the landlord $3.2 million in damages. Circuit Court Judge Ronald Rubin then ordered the defendants to pay White Flint Express LLC another $3.5 million in court fees.

In its suit filed Tuesday, Green Tomato LLC claims Bainbridge refused to discuss how to resolve structural issues and cracks it said also happened in the St Elmo Avenue properties.

“Yet Defendants nevertheless have forced Green Tomato to file this suit to recover Green Tomato’s identical damages,” read the suit.

Red Tomato Cafe and next-door BCC Automotive closed in January, citing the landlord’s concerns about structural damage. Last week, Bainbridge got permission to seek occupancy permits to portions of the nearly-completed building despite unfinished streetscaping work.

The project, originally called “The Monty,” is now significantly behind schedule — in part because of construction delays brought on by the sheeting and shoring work.

In March 2012, the county’s Department of Permitting Services stopped construction work on the apartment, later approving a plan from the construction company to prevent similar damage to the Fairmont Avenue buildings.

Fresh Grill, the restaurant that was forced out of its building, is suing the developer, construction company, foundation contractor and landlord, claiming the whole saga led to it going out of business.

Green Tomato LLC claims the same sort of structural damage happened in Red Tomato Cafe and BCC Automotive, though it’s unclear if those businesses were ever asked to vacate. Green Tomato LLC bought the St Elmo Avenue properties in October 2012, well after Greenhill’s issues with Bainbridge started at its Fairmont Avenue properties.

PDF: Green Tomato Complaint Against Bainbridge

Don’t Settle for Student Loans to Pay for Online Education

By WTOP Staff
Online college programs are becoming a more popular choice for prospective students, with one study finding that more than 6 million students enrolled in at least one online course in fall 2015. The popularity of these courses can be attributed in part to their flexibility with working adults' schedules, students' ability to progress more quickly through online programs and, oftentimes, cheaper tuition. [See 10 low-cost online bachelor's programs for out-of-state students.]Online degrees can be beneficial to many college students, but some studies have shown online learners complete their programs at lower rates than students at traditional brick-and-mortar campuses. Individuals with student loans but no degree comprise two-thirds of defaulted borrowers. Though these numbers are not encouraging, just like for traditional programs, there are ways to reduce how much you'll need to borrow for an online program to ensure you won't become one of these statistics. Don't just settle on borrowing student loans to cover the whole cost of your program and living expenses. Instead, start thinking about how to cut costs and cover your balance in different ways, such as the following. -- Grants and scholarships: Even though you are taking an online course, you can still apply and receive grants and scholarships. But your first step should be to complete the Free Application for Federal Student Aid, commonly referred to as the FAFSA, which will allow you to receive a Pell Grant if your expected family contribution is low enough. The EFC criteria and award amounts are adjusted annually, but the 2017-2018 academic year awards range from $606 to $5,920, which could significantly lower the amount you borrow annually. Your next step is to apply for scholarships. You can start by checking online scholarship search engines, such as the Salt Scholarship Search, College Board's BigFuture and Peterson's. But don't forget to take advantage of local organizations and your school's financial aid office. Both may offer scholarships that you can't find with a national scholarship search. [Review these 10 sites to kick off your scholarship search.]For instance, organizations like the Elks Club, Knights of Columbus or the Rotary Club typically offer scholarships annually to local students. Just because you're going to school online doesn't mean you're ineligible. Visit your local library for scholarship listings, and ask around town. You might be surprised how many local organizations offer scholarships. While these scholarships typically aren't large, every little bit counts. Each dollar you receive in a scholarship is a dollar you don't have to borrow and pay interest on. -- Work-study: Another option for online students may be work-study awards. Not all students enrolled in online programs are eligible, but students at some schools -- including, for example, SUNY Empire State College and Liberty University -- are. Work-study awards are not given upfront like scholarships and grants. In most cases, they are an offer to earn up to the awarded amount if you secure an eligible work-study job. While there is a misconception that all work-study jobs must be on campus, students can work for off-campus, nonprofit or public employers as long as the work is in the public's interest. You may be able to work for a for-profit employer if the job is relevant to your course of study. No matter who the outside employer is, it will need to have an established agreement with your college for you to receive work-study funds. Remember, to be eligible for federal financial aid, you must be enrolled and pursuing a degree or certificate. If you're not working toward a credential, Pell Grants and work-study won't be option, but you may still be able to take advantage of private scholarships -- just be sure to read the eligibility criteria carefully. [Explore what to know about financial aid in online programs.]-- Pay as you go: One of the great benefits to enrolling online is the flexible schedule, which can allow you to complete your college coursework around your responsibilities. But prospective students often overlook using their part- or full-time job earnings as an option for paying for college. Almost 80 percent of college students in 2015 worked at least part time while attending classes, according to the National Center for Education Statistics. By budgeting and thinking strategically about your college costs, you can likely reduce your dependence on student loans by paying a portion out of pocket. Many -- but not all -- online programs are less expensive than traditional programs and often have shorter payment periods. Six, eight or 10 weeks are common course durations. Because of the frequency of payments in an online setting, you may be well-placed to pay as you go and possibly avoid borrowing altogether. Attending college online and avoiding student loans may be challenging, but if you are willing to put in the effort, you can limit the amount you need to borrow. More from U.S. News Q&A: Understanding Student Loan Discharge Eligibility Student Loan Refinancing Isn't Right for All Borrowers
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