I’m writing this not because I like or don’t like the Park Place project, but I am very concerned with what just happened in court and nobody is talking about it. I know people who like Park Place and others who don’t. There are people who think the developer was treated unfairly and others who don’t. I don’t want to talk about those things, but instead about an issue with potentially grave consequences to Fountain Hills.
The developer has an agreement with the Town to build the final phase of Park Place. That agreement seems to have expired, but not without controversy. The Town Council approved the project plans a short time ago, so I assumed it would go forward. But then I understand construction plans were submitted but somehow permits were not issued and construction didn’t start in time; so, the agreement lapsed despite the developer’s extension request to Town Council. Seems strange the Town Council said we need more housing and businesses, but wouldn’t extend the agreement a few months despite very recently approving the project and despite COVID-related delays.
The developer then went to court to get an injunction to continue the agreement, and the court ruled against them. I read the ruling and was confused, so I took it to my attorney. She told me that the case was far from over. The developer just didn’t get the result it wanted at the hearing, but the judge basically said the developer could continue the lawsuit against the Town. She explained to me how the judge’s ruling basically shows how the developer could prove its case and get money damages in the millions. Town council, I say this: Let’s not take this risk and work this out instead.
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