City planners and developers often want the same thing … except when they do not. While both parties may want to improve the city, it is not uncommon for the two to disagree on what will achieve this goal. A recent case provides an example. The case involves a group of city planners that took issue with a developer that was attempting to develop a senior living project. The project was set to take 0.6 acres of prime downtown property and convert it into a unique project that included living spaces, personalized programs and vibrant amenities for senior citizens.
The city disagreed. Officials denied the development proposal, leading to disagreement over how the project should proceed. The developer filed a lawsuit against the city, stating the denial was improper.
Is litigation the answer? It is not uncommon for a development project to have hurdles that result in one party filing a lawsuit. The matter could lead to litigation or a settlement. In the Florida case noted above, the city and the developer agreed to settle the lawsuit. The developer agreed to reduce its plans, lowering the proposed units from 127 to 88 in exchange for approval from the city.
Does the project need a real estate attorney? This is just one potential legal issue that can arise during a commercial real estate transaction. As such, it is often wise to seek legal counsel experience in this niche area of the law to mitigate the risk of any surprises during the transaction.