DUMBO orchid man hides behind his plants

By Ariella Cohen
The Brooklyn Papers

DUMBO artists are certainly an endangered species these days — but now
one man is fighting eviction by claiming protection under the federal
Endangered Species Act.

Steve Ludlum, a painter, photographer and amateur botanist, isn’t
seeking the federal protection for himself, but for the nearly 1,000
species of imported orchids that he raises in his third-floor hothouse.

He may be onto something: Some of his orchids are classified as
“endangered” under international law.

The owner of the former soap factory under the Manhattan Bridge wants to
flatten the building to build a 10-story loft-style condo tower.

“Me and my plants aren’t going to take the bullet so a developer can
make money,” said Ludlum, standing in the humid, man-made ecosystem he
has spent $100,000 building.

“The last landlord didn’t mind. He thought the whole thing was neat.”

Ludlum’s orchids fill a room the size of a studio apartment. Five
ceiling fans and a ventilation system regulate the temperature. A
hand-rigged irrigation system pipes water to the plants, sending earthy
runoff to a drain behind the building.

Last week, the unassuming botanist — a regular on the orchid circuit —
filed a lawsuit against his landlord in federal court, charging that his
eviction would “result in [the] loss of endangered species” and violate
laws protecting his threatened Phragipedium and Paphiopedilum
“ladyslipper” orchids.

“Orchid plants are habitat-specific,” he charged in court papers.
“Removal from their current location, which is a necessary and required
controlled environment, shall constitute a taking of the protected
orchid plant.”

Ludlum said the building’s current owner, identified in city documents
as Henry Kotowitz, would welcome his quiet enterprise were it not for
the fact that a condo conversion would be so lucretive.
Neither Kotowitz nor his lawyer returned phone calls from The Brooklyn
Papers.

The case is the first of its kind, but wildlife experts said that Ludlum
will face problems proving that his imported flora require protection
from the feds.

Federal law protects endangered species from “take” or “harm” — terms
that can include eviction — but the law only applies to plants protected
under state jurisdiction, meaning Ludlum would have better luck if the
orchids were native to New York.

“It’s hard to know what kind of [federal] protections there could be for
an international plant,” said Edward Grace, senior special agent for the
Fish and Wildlife Service.

Neighbors know Ludlum as “the orchid man” and recognize his apartment by
the orange glow his high-intensity greenhouse lights send out of the
battered old factory.

His quirky connection to he neighborhood goes beyond his crops.

Ludlum was in DUMBO on 9-11, and, as he watched the World Trade Center
collapse, took a photograph that ended up on the cover of The New York
Times and won him a Pulitzer Prize.

If his endangered species lawsuit doesn’t work, Ludlum has a fallback
plan: He’s also planning to sue Kotowitz on the grounds that the plans
he’s filed with the Department of Buildings show a development that is
larger than the law allows.

Kotowitz’s architect, Robert Scarano, is currently under investigation
for allegedly ignoring such zoning rules.

I hope landlord Henry Kotowitz can counter sue Steve Ludlum in court and
nail his ass to the floor with a huge win. Then I hope Steve has to sell
all those orchids to pay off the lawsuit. Idiots like Steve Ludlum make a
mockery of our court system in this country and deserve to be punished to
the maximum for this frivolous and baseless lawsuit.

If Ludlum is so eco-conscious then let him buy a building with his own
money, pay the property taxes on it, and put up with all the government
regulations that go with owning property in New York City. His
mini-ecosystem is manmade and therefore men can pick it up and move it to a
new home/apartment. Only an idiot renter would improve on rental property
thinking that expenditure gives him some kind of new found first priority
property rights... it does not entitle him to squat.

Mick

I actually agree with Mick on this one. Hopefully the judge will quickly
throw out this ridiculous suit.
-danny

"Mick Fournier" wrote in message
. ..

I hope landlord Henry Kotowitz can counter sue Steve Ludlum in court and
nail his ass to the floor with a huge win. Then I hope Steve has to sell
all those orchids to pay off the lawsuit. Idiots like Steve Ludlum make a
mockery of our court system in this country and deserve to be punished to
the maximum for this frivolous and baseless lawsuit.

If Ludlum is so eco-conscious then let him buy a building with his own
money, pay the property taxes on it, and put up with all the government
regulations that go with owning property in New York City. His
mini-ecosystem is manmade and therefore men can pick it up and move it to
a new home/apartment. Only an idiot renter would improve on rental
property thinking that expenditure gives him some kind of new found first
priority property rights... it does not entitle him to squat.

Mick

danny wrote:
I actually agree with Mick on this one. Hopefully the judge will quickly
throw out this ridiculous suit.
-danny

"Mick Fournier" wrote in message
. ..
I hope landlord Henry Kotowitz can counter sue Steve Ludlum in court and
nail his ass to the floor with a huge win. Then I hope Steve has to sell
all those orchids to pay off the lawsuit. Idiots like Steve Ludlum make a
mockery of our court system in this country and deserve to be punished to
the maximum for this frivolous and baseless lawsuit.

If Ludlum is so eco-conscious then let him buy a building with his own
money, pay the property taxes on it, and put up with all the government
regulations that go with owning property in New York City. His
mini-ecosystem is manmade and therefore men can pick it up and move it to
a new home/apartment. Only an idiot renter would improve on rental
property thinking that expenditure gives him some kind of new found first
priority property rights... it does not entitle him to squat.

Mick


I (not "actually") but sound heartedly agree with you two on this one. I
meant the whole article as a good belly laugh...

Reka

On Sun, 21 May 2006 17:24:59 +0200, Reka
wrote:

danny wrote:
I actually agree with Mick on this one. Hopefully the judge will quickly
throw out this ridiculous suit.
-danny

"Mick Fournier" wrote in message
. ..
I hope landlord Henry Kotowitz can counter sue Steve Ludlum in court and
nail his ass to the floor with a huge win. Then I hope Steve has to sell
all those orchids to pay off the lawsuit. Idiots like Steve Ludlum make a
mockery of our court system in this country and deserve to be punished to
the maximum for this frivolous and baseless lawsuit.

If Ludlum is so eco-conscious then let him buy a building with his own
money, pay the property taxes on it, and put up with all the government
regulations that go with owning property in New York City. His
mini-ecosystem is manmade and therefore men can pick it up and move it to
a new home/apartment. Only an idiot renter would improve on rental
property thinking that expenditure gives him some kind of new found first
priority property rights... it does not entitle him to squat.

Mick


I (not "actually") but sound heartedly agree with you two on this one. I
meant the whole article as a good belly laugh...

Reka

This ran in our paper with some deletions.. I liked - Fish and
Wildlife's take that only state laws protected species and if he had
any NY protected species he would get further. But they saw no relief
on International species.
SuE
http://orchids.legolas.org/gallery/main.php

"Me and my plants aren't going to take the bullet so a developer
can
make money," said Ludlum, standing in the humid, man-made ecosystem
he
has spent $100,000 building."


"The last landlord didn't mind. He thought the whole thing was
neat."


Ludlum's orchids fill a room the size of a studio apartment. Five
ceiling fans and a ventilation system regulate the temperature. A
hand-rigged irrigation system pipes water to the plants, sending earthy

runoff to a drain behind the building. "

Five ceiling fans, one ventilation fan and a hand rigged irrigation
system (read PVC pipe) in a 1000 square foot (25x40?) space costs
$100,000? That costs about $500 in Houston. Tables and such may add
$3000. Lights? Does he have lights? Add $10.000 just to make sure he
has lights. $13,500 in Houston. I don't see how you NY guys make ends
meet.

JTill

Three words. Subsidized rent control.

Mick

Mick: Indeed!

I couldn't tell for sure, from the article, but suspect that the suit had to
be filed in federal court. If so, the landlord should be able to get an
award of his attorneys' fees and costs. And even if not, most states have
similar rules about frivolous actions, although I can't say for sure about
NY. Unfortunately, the award is just a piece of paper unless the landlord's
lawyer thinks to levy on those orchids ... Kenni


"Mick Fournier" wrote in message
. ..

I hope landlord Henry Kotowitz can counter sue Steve Ludlum in court and
nail his ass to the floor with a huge win. Then I hope Steve has to sell
all those orchids to pay off the lawsuit. Idiots like Steve Ludlum make a
mockery of our court system in this country and deserve to be punished to
the maximum for this frivolous and baseless lawsuit.

If Ludlum is so eco-conscious then let him buy a building with his own
money, pay the property taxes on it, and put up with all the government
regulations that go with owning property in New York City. His
mini-ecosystem is manmade and therefore men can pick it up and move it to
a new home/apartment. Only an idiot renter would improve on rental
property thinking that expenditure gives him some kind of new found first
priority property rights... it does not entitle him to squat.

Mick

Kenni,

Levy the orchids and his fertilizer stock, put 'em all on eBay... off with
his head!

Mick

===================


"Kenni Judd" wrote in message
...
Mick: Indeed!

I couldn't tell for sure, from the article, but suspect that the suit had
to be filed in federal court. If so, the landlord should be able to get
an award of his attorneys' fees and costs. And even if not, most states
have similar rules about frivolous actions, although I can't say for sure
about NY. Unfortunately, the award is just a piece of paper unless the
landlord's lawyer thinks to levy on those orchids ... Kenni


"Mick Fournier" wrote in message
. ..

I hope landlord Henry Kotowitz can counter sue Steve Ludlum in court and
nail his ass to the floor with a huge win. Then I hope Steve has to sell
all those orchids to pay off the lawsuit. Idiots like Steve Ludlum make
a mockery of our court system in this country and deserve to be punished
to the maximum for this frivolous and baseless lawsuit.

If Ludlum is so eco-conscious then let him buy a building with his own
money, pay the property taxes on it, and put up with all the government
regulations that go with owning property in New York City. His
mini-ecosystem is manmade and therefore men can pick it up and move it to
a new home/apartment. Only an idiot renter would improve on rental
property thinking that expenditure gives him some kind of new found first
priority property rights... it does not entitle him to squat.

Mick

Reka wrote:
DUMBO orchid man hides behind his plants

He's no longer hiding here (picture):
http://www.nytimes.com/2006/06/11/ny...=1&oref=slogin

Reka