The Real Estate Notes column on July 27 incorrectly identified the new president of Costain Washington Inc. He is Gerard M. Armstrong.
U.S. DISTRICT JUDGE Thomas Jackson delayed a hearing on the historic landmark status of the Warner Theater this week after the owners of the movie palace asked the court to prevent the D.C. Preservation Review Board from holding the hearing.
The owners have appealed an earlier court decision that upheld the constitutionality of the District's landmark designation process and that allowed the D.C. Preservation League to submit a new landmark application for the theater last spring.
The owners sought a stay that would prevent the preservation review board from hearing the second landmark application until their appeal of the earlier court ruling was complete.
Jackson, in an effort to maintain the status quo, ordered a temporary stay until District Judge Louis F. Oberdorfer could return to hear the case next week.
Oberdorfer made the original ruling in the case and is scheduled to hear the owner's request for a stay pending appeal Tuesday.
The chairman of the D.C. Preservation Review Board has rescheduled the hearing on the landmark status for Wednesday.
OFFICE VACANCIES here and across the nation continued to climb in the second quarter of the year, according to Coldwell Banker Commercial Real Estate Services' survey of 37 markets. Nationally, the vacancy rate for downtown areas climbed 0.8 percentage point to 16.1 percent, while the level for suburban markets hit 19.7 percent, up from 18.9 percent in the first quarter.
Coldwell Banker noted that the downtown rate is the highest in the history of the survey, which began in 1978, and that the suburban rate is the highest since the firm began tracking it in September 1983. "Despite a healthy level of absorption in the second quarter of 1985, new office space construction added to the amount of vacant office space . . . " Coldwell Banker said. Eight downtowns in the survey have vacancy rates in excess of 20 percent, and only four have rates below 4 percent.
Only eight of 33 metropolitan areas included in the national average showed decreases from the previous quarter, and among suburban areas, only Baltimore (not yet included in the national average), with 9.8 percent vacant, and St. Louis, with 9.6 percent vacant, were under 10 percent.
Worst off among downtowns were Oklahoma City, at 25.8 percent vacant, San Diego (24.5 percent) and Denver (23.6 percent). Highest suburban vacancy rates were in Houston (30 percent), Sacramento (28.9 percent) and Fort Lauderdale (28.3 percent).
Locally, the downtown rate (which includes all of the District) inched down to 10.4 percent from 10.6 percent in the first quarter, giving the city three straight quarters of essentially stable vacancy levels. The suburban rate, however, climbed sharply from 12.6 percent to 15.3 percent, boosting the overall rate here to 13 percent for the quarter compared with 11.6 percent for the first three months of the year.
A year ago, the downtown rate stood at 10.5 percent, but the suburban rate has been climbing steadily from the June 1984 level of 9.9 percent.
ATLANTIC PERMANENT FEDERAL Savings and Loan Association has agreed to an out-of-court settlement in a lawsuit alleging that several of its officers conspired in a home-improvement scheme to prey on unsophisticated homeowners.
Attorneys for both sides declined to release details of the agreement, which was reached last week.
Edgar S. Everhart, Atlantic Permanent's president and chairman of the board, said that, because the settlement is confidential, he could not discuss it.
"From the beginning, I stated the suit was without merit, and I'd say that the terms of the settlement reinforce that opinion," Everhart said. "We do believe we settled for significantly less than the anticipated cost of continuing the litigation."
A. Jackson Timms, an attorney for the plaintiffs, said he believed Everhart's comment breached the settlement terms.
"We are shocked at Mr. Everhart's comments," Timms said. "One of the terms of the settlement, at the defendants' request, was confidentiality. We will seek leave of the court to respond to Mr. Everhart's comments at the appropriate time and in the appropriate forum."
The lawsuit, which had been scheduled for trial last week, was filed last September on behalf of nine families who lost their homes to foreclosure.
The complaint alleged that, since 1978, Atlantic Permanent had conspired with several home improvement dealers in a scheme that allowed the dealers to get mortgage loans for homeowners who could not afford them.
The suit alleged that the targeted victims included the aged, poor, elderly and physically and mentally handicapped.
The plaintiffs' lawyers alleged in pretrial proceedings that Atlantic Permanent failed to ensure the creditworthiness of the borrowers and that the home improvement dealers sometimes fraudulently inflated their incomes on loan applications.
PERSONNEL FILE. . . Ned Walsh, currently vice chairman of the Washington Board of Realtors, has been appointed administrator of the District's Real Property Administration. . . At the Federal National Mortgage Association, Rebecca T. Boyd has been elected senior vice president for mortgage-backed securities, and Thomas R. Harter has been elected senior vice president for customer and management information services. In addition, Judith Dedmon has been named vice president for quality control. . . Gerard M. Anthony has been named president of Costain Washington Inc.. . . J. William Reich and Donald E. Geller have been promoted to vice presidents at Cushman & Wakefield of Washington, D.C., Inc.. . . At Shannon & Luchs, Bruce E. Strasburg and Richard W. Brown have been named assistant vice presidents in the firm's commercial sales division. . . Oxford Management Co. has named Mary Beth Gadus, Jeanne Hendricks and Maureen Hurtik vice presidents, while Hunter C. Bourne III has joined Oxford Mortgage & Investment Corp. as assistant vice president. . . Andrew K. Brown has joined Gulledge Corp. as assistant vice president for acquisitions. . . Equity Fund Group Inc. has appointed Terrance R. Smith vice president. . . Smithy Braedon Vice President Milton Keen has been named manager of the firm's insurance division. . . Peter L. Seery has been named chief financial officer of Centennial Development Corp.. . . Ryan Homes has promoted Michael J. Gorman to division manager and vice president of the west division of the firm's Virginia division. . . Steven C. Brown has been appointed vice president of the Donohoe Development Co. division of Donohoe Cos.