Custom Search

Saturday, October 10, 2009

Judge tells city of Afton to pay developer $60K in dispute over condo project

Topic requested...Please click onto the COMMENTS for the story.

posted by Bob at Saturday, October 10, 2009

2 Comments:

Anonymous Pioneer Press said...

Firm sues over its blocked plan for condos, retail
By Mary Divine
mdivine@pioneerpress.com
Updated: 10/08/2009 12:04:11 AM CDT


Afton has been ordered to pay $60,000 to a local businessman because city staff failed to produce documents "in a timely manner" for his suit against the city.

Washington County District Judge Mary Hannon sanctioned the city and ordered it to pay $60,831 to GJ & M Development, a company owned by Afton House Inn owner Gordy Jarvis and a silent partner.

Jarvis' suit claims a moratorium on downtown development that stopped his proposed condominium project was illegal.

Hannon also ordered the city to pay $5,362 to the attorney of a computer specialist who was hired by GJ & M's attorneys to uncover deleted documents from city computers. A motion for sanctions against the city for destruction of those documents is currently pending before the judge, said Patrick Kelly, GJ & M's attorney.

Interim City Administrator Jim Norman said the fines have been paid but the city likely will appeal. Norman said the city could not provide the information when requested because it didn't have enough staff.

GJ & M wants to make over the city's sleepy Old Village downtown area by building a 48-unit luxury condominium project on the St. Croix River. The development, called Afton Center, would span three city blocks with 12 retail spaces.

The Afton council, worried the $16 million project would overwhelm the city of about 2,800 residents, passed a six-month moratorium on development in early 2007.

GJ & M sued, asking the court to order the city to process its Afton Center application and allow the project to move forward.
Attempts to mediate the dispute this summer were unsuccessful; the case goes to jury trial Nov. 30. A pretrial conference will be held Oct. 30.

GJ & M is seeking more than $7 million in damages for the loss of profits from the proposed project and is asking to be reimbursed for attorney's fees.

Kelly claims the city violated Jarvis' constitutional rights.

"This is a civil rights case because of the way that the city has acted," Kelly said. "These are constitutional claims based on denial of equal protection and due process. As a landowner, you have rights. Every person in the U.S. who owns land has rights, and he's trying to exercise his rights."

Jarvis says the project is vital to Afton's future: Afton Center will revitalize the Old Village with new retail, office and residential space.

"Gordy Jarvis is a long-term business owner in Afton who just wants to develop his property," Kelly said.

"This is a good project for Afton. He wants what is best for Afton. Downtown Afton is dying, and it needs redevelopment."

Mary Divine can be reached at 651-228-5443.

11:15 PM  
Anonymous Anonymous said...

Hmmm......isn't this one of the things the landlords were going after the city of St. Paul for?

8:41 AM  

Post a Comment

<< Home