HomeMy WebLinkAboutHARMONY NEIGHBORHOOD CENTRE P.U.D. - PRELIMINARY - 33-94 - MEDIA - (17)OPIMON
Our views
Settleme�rt the rigM way
to resolve Ha ony suit
JUrvE 3, �9�
While there is a philosopthical satisfaction in see-
ing one's beliefs and actions vindicated, there are
also times when practicalities may dictate a differ-
ent course.
The city found itself in such a situation over the
lawsuit filed by Denver developer James Sullivan.
He had sought in 1994 to build a King Soopers
store along Harmony Road and claimed in his slut
that City Council actions cost him the chance to do
so. Sullivan was seeking $3 million.
The city has resolved the suit by agreeing to pay
$125,000 and returning to Sullivan $1,850 in devel-
opment application fees.
City Manager John FSshbach said the settlement
was not an indication that the city thought it could
not win the suit. Rather, city officials estimated
fighting the suit would cost at least $100,000 and
the settlement was "pretty much a straight
tradeoff."
All in all, the settlement was the wisest course of
action.
Pursuing the Sullivan suit in court would have
tied up staff time and resources and could have
r
Developer James Sullivan had proposed a 100.000-square-foot
shopping center near the intersection of Harmony Road and McMurray
Avenue, anchored by King Soopers.
A month after Sullivan filed a development application, the City Coun-
cil adopted a six-month moratorium for commercial development along
Harmony, effectively shutting down Sullivan's plans.
The council later adopted a comprehensive development plan for
Harmony Road, but made it retroactive to six days before Sullivan filec
the development application.
exposed the city to much higher monetary li-
abilities, both in expenses and damages. The city is
fortunate is to have resolved the matter in a rela-
tively inexpensive manner.
So while there may have been an emotional sat
isfaction in fighting through the courts to vindicate
the moratorium, the money -driven decision to set-
tle was the right one.
The Harmony Road moratorium is in the pas -
and it's good to have this lingering remnant re
solved.