Thursday, August 7, 2008

Split the baby?

What a mess and why I did not want to do civil law when I was a felony Judge. How does this get resolved? probably split the baby? Give the party access to the road and make them pay for part of the infrastructure that was built?

Solomon-like decision but perhaps wrong.

Courtroom clash yields no progress
By Chris Cobb: The Herald-Zeitung

Road blocks will stay up on Cold Springs Road while two developers continue to wrangle over whether one should have access to a street in between their shopping centers.Courtroom bickering persisted Tuesday and Wednesday, as the neighboring developers of Town Center at Creekside and Canyon Crossings remain locked in a legal battle over whether the latter can access Cold Springs.

The owners of Canyon Crossings — SureCap Village Associates — successfully filed a temporary retraining order in late July that prohibits anyone from using the street while they fight for access.District Judge Dib Waldrip ordered Wednesday that the restraining order will remain in place while the hearing continues, although the two sides won’t be back in court until August 19.

SureCap wants to remove a strip of curb and landscaping that blocks them from accessing Cold Springs.It claims that such strips are against city code and was mistakenly included in a plat approved by the city.

NewQuest Properties claims the other developer is trying to use improvements built for the city as part of Creekside without SureCap having to pay for it.

NewQuest paid for the construction of more than $26 million in road and drainage improvements as part of a tax increment reinvestment zone agreement with the city.

Its initial investment is designed to be paid back by the city over time using future tax revenues.

Despite being in district court for hours both Tuesday and Wednesday, the judge has only heard testimony from a handful of witnesses, primarily discussing the original plans for the two developments.

More testimony will follow on Aug. 19, and city officials are shooting for an amicable outcome.“We would hope that both developers can work out a solution, develop their properties and go about their business,” said City Attorney Alan Wayland. “That would be our ultimate solution.”