An Overland Park development company working to bring a Lowe’s home improvement store to Emporia has been ordered to pay more than $9 million as a result of lawsuit filed in May 2007 in U.S. District Court for the District of Kansas, Kansas City Division. The suit evolved from a project in Junction City.
According to a Judgment in a Civil Action order dated Sept. 8, 2009, David J. Christie, et al., was ordered by the court to pay $9,196,345 to Alan E. Meyer, John R. Pratt, and Dovetail Builders 2, LLC. The award order came after a jury trial earlier this year.
Christie and his company have worked with Emporia officials to develop property at 24th Avenue and Industrial Road for a Lowe’s home improvement center, with restaurants or small shops on the southern periphery of the property and multiple-family housing on the north.
The Emporia project has been delayed because Lowe’s has halted construction of additional stores and attributes the change to a depressed economy and a sharp drop in revenues for the fourth quarter, according to a Gazette story on March 13.
Local
development
on hold
City Manager Matt Zimmerman said Monday morning that the Emporia project remains on hold for the time being, but appears to still be part of Christie’s and Lowe’s plans for the future.
“They’ve exercised another option on the property through March, so I really think we’re just kind of waiting,” Zimmerman said. “...We have not heard anything. They have until July 21st to start the project. The property has to be rezoned, and the PUD (Planned Unit Development) is rescinded if they haven’t started by July 21st, 2010.”
Zimmerman said that the lawsuit arising from the Junction City development involved a separate development and should not affect the local plans.
“I think the main point is while we’re aware of it, we know that these things happen and since they tend to be separate corporations, it probably won’t affect the project, and if it does, there’s probably not a whole lot we can do,” he said.
Zimmerman said that, although disagreements among partners often are worked out informally, lawsuits over interpretation of contracts do happen.
“Most of the time they get worked out. Occasionally, or even rarely, they go to court and the judge decides and that doesn’t necessarily mean either side was wrong. It’s just a disagreement,” he said. “This is not that uncommon.”
Zimmerman said that the local development could be delayed further by the economy and the frozen credit markets.
“I really think it’s more that than anything, and you just kind of got to bide your time and wait for the economy to turn around,” he said.
To read complete story see the print edition or the online print edition.
reddog (K. B. Thomas Jr.) says...
I don't think a Lowes or Home Depot will come to Emporia for several years. Here is the reason why--A new landmark Kansas Court decision will protect many homeowners from foreclosure. This will cause huge bank losses and that will trigger more bank bailouts with taxpayers' money. The net result is the middle class is the middle class is being squeezed out of existence. In Landmark National Bank v. Kesler,2009 Kan.LEXIS 834, the Kansas Supreme Court held that a nominee company called MERS has no right or standing to bring an action to foreclose. MERS is an acronym for mortgage electronic systems and this private company has 60 million mortgages. As I understand it, MERS is the "Straw Man" shielding lenders from liabilty of predatory leanding practices. Many Americans believe that Congress, Wall Street and the Federal Reserve are some what on the line of a very sophisticated form of organized crime. Ayn Rand from her book "Atlas Shrugged," p.413 "When you see money flowing to those who deal, not in goods, but in favors--when you see that men get richer by graft and pull than by work, and your laws don't protect you from them, but protect them against you-when you see corruption being rewarded and honesty becoming a self-sacrifice-you may know that society is doomed. Mark Twain said,"The difference between a taxidermist and the tax collector is the taxidermist takes only your skin."
October 6, 2009 at 2:25 p.m. ( permalink | suggest removal )
eiggohp (anonymous) says...
I have posted here before for Emporia to beware of David Christie. He is among the crooks that worked in Junction City and look at the mess they are in right now. You would be wise to cancel anything that he is a part of doing. You have been warned!
October 6, 2009 at 4:32 p.m. ( permalink | suggest removal )
create (anonymous) says...
I remember all your warnings eiggohp when all this planning began. Sensible warnings with good evidence. It seems that these in-charge people around here are dead set on putting this city in jeopardy one way or another. I'm gonna hide and wait.
Of course Christie has to continue to build because it's the only way he can pay the debts he continues to incur. Sounds like a Ponzi scheme to me, using building contracts instead of money.
October 6, 2009 at 5:55 p.m. ( permalink | suggest removal )