Barry Schwartz had lived in the 124-year-old Louis Emerson House for eight years before ASU began seeking to remove his home. He'll get to remain after ASU decided to drop the effort in July.
Over the course of the summer, the University filed and then dropped an eminent domain lawsuit on the property. Located on the corner of North Fourth Street and East Pierce Street, the house was the final parcel ASU needed to fully occupy the lot that will soon house its new ASU Health headquarters.
Built in 1902, the house also bore historic significance and personal importance to its owner, 89-year-old Robert Young. Its pre-statehood construction makes it one of the last historic properties in downtown Phoenix, and it is designated as a historic property by the city of Phoenix.
Young lived in the Louis Emerson House for 45 years before renting it to Schwartz. He got married on its front steps.
Neither he nor Schwartz was willing to see it demolished.
When the University filed for eminent domain on May 22, Schwartz said he was not surprised. ASU had been working to purchase the properties around the Louis Emerson House for several years before approaching Young about it around 18 months ago.
"There were red flags for me all the way along, saying, 'Well, you know what? Eventually, ASU is going to take this land over, and I just know it's coming down the pike, but it's a matter of when,'" Schwartz said.
After Young declined several offers to purchase the lot, citing insufficient compensation to relocate the house, the University and the Arizona Board of Regents formally filed the lawsuit.
At a June 19 hearing, ABOR's attorneys asked for immediate possession of the property, which would have allowed ASU to assume physical control of the land before the case was resolved, according to Preserve Phoenix. The request resulted in the scheduling of another hearing for Sept. 4.
However, that hearing will no longer be held. On July 17, the University announced it would dismiss the lawsuit and allow the house to remain where it stands.
In a written statement on July 28, a University spokesperson said the case was dismissed to respect the owner's wishes.
"ASU has been working for about 18 months with the owner toward a resolution to satisfy competing interests with regard to the house, which sits next to land being developed for the headquarters of ASU Health," the spokesperson wrote.
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In response to the news, Schwartz said he was relieved but highlighted the importance of the advocacy and community work behind the victory.
Before the lawsuit was filed, Schwartz and Young began to fight back through flyers, websites and petitions. After a change.org petition was launched on May 23, the issue began to gain traction throughout the state and country.
As of Aug. 10, the petition has amassed 12,023 verified signatures. Schwartz said he believes the action from the petition "sealed the deal."
"You sit there and wonder when you take out a petition, 'Are they really effective? Do they really make a difference?'" Schwartz said. "Well, in this case, it really did."
As their efforts gained traction, Schwartz and Young partnered with local historian Marshall Shore, also known as the Hip Historian, and preservation groups like Preserve Phoenix, an organization Schwartz called "really impeccable" and a key collaborator in saving the house.
Jim McPherson, the vice president of Preserve Phoenix, said a coalition of organizations proposed incorporating the house into an urban park that complemented the ASU Health building as an alternative to University's original plan with the house.
Once the lawsuit was filed, McPherson said the organizations continued to negotiate with ASU and ABOR. Before a final consensus could be reached, the lawsuit was dismissed, but McPherson said "the proposal is still out there" and the organizations are ready to work together.
"This is our community, this is where we live, this is our history," he said.
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Although the case has been dismissed, Schwartz said the issue is not completely resolved yet. The plans for the new building will have to be redesigned, and there is still uncertainty about what it will look like.
For the time being, though, Schwartz is working to make the house accessible for the public to learn and interact with.
In an effort to increase public understanding and honor the property, Schwartz created what he calls an archival museum inside the house four years ago, combining material about its history with a lounge area.
"Eminent domain law is for the public good and for public necessity, and ultimately we showed the opposite," Schwartz said. "We showed that the public good is the history as it exists, and you can't touch it."
During the First Friday event on Aug. 7, Schwartz and Preserve Phoenix held an open house to allow the community to experience the Louis Emerson House and learn about its history. Schwartz said they are exploring the potential for future events.
Edited by Carsten Oyer, Natalia Jarrett, Senna James and Ellis Preston.
Reach the reporter at msweador@asu.edu and follow @miasweador on X.
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