The Town of Fountain Hills and developer N-Shea Group have agreed to a court order that allows construction to continue on the Park Place development downtown.

The judge in the case issued his order early in October in which both parties agreed to stipulate that while the matter is pending, the town will not threaten to shut down construction on Phase I of the development based on claims of fees owed by the developer.

The order also states that stipulation does not preclude the town from withholding issuance of a certificate of occupancy for the project. The project must have a certificate of occupancy before tenants can move into the commercial space or rental space.

The town is reserving the right to withdraw the stipulation under the following conditions:

The town must give at least 20 days written notice of the intent to withdraw the stipulation.

During the 20-day period, the developer is authorized to file a new application for a temporary restraining order.

In the event N-Shea files the new application for a temporary restraining order, the town will take no action until the court has ruled on the application.

The judge stated that good cause exists to grant the stipulated motion as both parties continue to negotiate to resolve the issue informally.