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:
Related Stories
Got something to say?
Send a letter to the editor and we'll publish your feedback in print!
Oleander,
Just us Russian troll-bots hard at work. First we stole your election, now we’ll steal the sun itself! Bask in shade Amerikanski, and despair!
And why is it fascinating ? Perhaps you have it wrong . Maybe many are not pro-Sinex as much as aagainst NIMBY obstructionists led by a sleazy opportunist . Do you really want an empty decrepit mall smack in the middle of Burlington ? Would you rather have stagnation then a project which will help reinvigorate the heart of the city .
Personally I’m amazed any developer would want to undertake this project with the loony anti-development anti-growth crowd here.
These are the same sorts who would rather keep the Moran power plant as a dangerous and deteriorating eyesore rather then demolish it . The same crowd who will happily accept (I’m predicting here) a decades long abandoned downtown YMCA building rather then demolishing it or letting it be transformed into a tax paying project .
I don’t give a damn about Sinex . I do care about Burlington .
I find it fascinating that the comments on any Sinex-related story get significantly more votes (especially when they’re pro-Sinex) than many others …
Not sure what constitutional right was violated here. Quite a reach. This is a small group of people, no names mentioned, that contest just about everything the mayor favors. These are the ones who cry about taxes and housing costs but will hire lawyers pro bono to fight every development. Want to know who this small group is, just do a public records request from planning and zoning.