Development Opponents Go Back to Court Over Burlington Mall | Off Message
Pin It

Friday, March 30, 2018

Development Opponents Go Back to Court Over Burlington Mall

Posted By on Fri, Mar 30, 2018 at 6:23 PM

click to enlarge Rendering of the project as seen from Cherry and St. Paul streets - COURTESY OF PKSB ARCHITECTS
  • Courtesy of PKSB Architects
  • Rendering of the project as seen from Cherry and St. Paul streets
The Burlington Town Center redevelopment case is back in court. Attorney John Franco filed a legal challenge in U.S. District Court Friday morning, arguing that developer Don Sinex and the City of Burlington didn't do enough to notify Franco and his clients of changes to the project.

Franco, who is representing project opponents, contends that the city violated the settlement agreement the two parties reached last July. By not allowing his clients to weigh in on the changes, Franco argues, Sinex denied them their constitutional rights to due process.

He and his clients are asking that Sinex pay for "emotional distress damages" and attorney fees. Franco declined to comment on the decision to reopen the case.

Last month, Sinex received permission from the city planning and zoning office to add 16 additional apartment units and eliminate 40,000 square feet of planned retail space in his CityPlace Burlington development. The changes would also amend the parking setup — which Franco argues would ultimately result in fewer parking spaces.

The changes are "in express violation of the DRB's Conditions of Approval" which mandate any changes go before the Development Review Board, Franco wrote in his legal complaint.

Sinex has previously said the changes, which were approved administratively by the city, were necessary to cut costs of excavating for parking space.

In response, Franco sent a letter to Sinex asking him to adhere to his original building plan and requesting that the city reopen the appeal period, which had closed.

In Friday's filing, Franco objected to the fact that neither Sinex nor the city had warned him of the request for amendments; he learned about those changes from a Seven Days report, he has said.

Read the complaint here:

Tags: , , , ,

Got something to say? Send a letter to the editor and we'll publish your feedback in print!

Pin It

Did you appreciate this story?

Show us your ❤️ by becoming a Seven Days Super Reader.

About The Author

Katie Jickling

Katie Jickling

Katie Jickling is a Seven Days staff writer.

Comments (14)

Showing 1-14 of 14

Add a comment

Subscribe to this thread:
Showing 1-14 of 14

Add a comment

Keep commenting classy! Read our guidelines...

Note: Comments are limited to 300 words.

Latest in Off Message

Keep up with us Seven Days a week!

Sign up for our fun and informative

All content © 2018 Da Capo Publishing, Inc. 255 So. Champlain St. Ste. 5, Burlington, VT 05401
Website powered by Foundation