Saturday, December 19, 2015

Developer sues Madison over tenant approvals.

A developer claims the city of Madison is attempting to dictate who his tenants can be for a project on Grandview Parkway. Madison Grandview Forum, LLC sued Madison in U.S. District Court on November 17.

Grandview is building phase III of the Forum at Grandview.  The lawsuit claims that Grandview representatives presented the plans for phase III to the Board of Aldermen for approval to obtain a permit. The board voted to approve the project and issued a permit.  The fun starts at on page 3:

Later, when the written minutes were first available, much to the surprise of Grandview, the Board's action is recorded as having approved these items "contingent upon the mayor and Baord's approval of all leasing tenants. 
The company argues that the city has the right to approve its tenants and that such a right was never mentioned when Grandview applied for the permit or met with the Board of Aldermen.  The complaint alleges that the "right" was never mentioned during the vote.  Grandview claims that the city has "stonewalled" all attempts to change the language in the minutes.

Grandview argues its constitutional rights to due process and equal protection were violated.  It had was not able to object to something it did not know existed and could not have known.   The lawsuit also asks the court to declare the zoning change illegal.  The plaintiff also charge their rights were violated under Section 42 U.S.C. 1983.  Grandview asked the court to issue a restraining order preventing Madison from retaliating as well as damages for loss of income and other expenses.   Grandview asks for punitive damages as well.

The company also asked for a temporary restraining order on December 15. It said it could not allow four potential tenants to lease space at the development until Madison approves each tenant. The tenants are Firehouse Subs, David's Bridal, Kirkland's, and Moe's Southwest. 

Attorney John Scanlon represents Madison Grandview Forum, LLC.  The case was assigned to U.S. District Judge Carlton Reeves and referred to Magistrate Keith Ball.  Madison is represented by Roy Smith, Jr.


Anonymous said...

Madison may miss out on some of those nice stores along county line road. Heck it might even miss out on a new Costco>

Jackson is a Desert said...

Madison don't back down. Any sane person knows that developers will do ANYTHING POSSIBLE to exploit all that you have built and created.

Anonymous said...

Madison is a modern day Potemkin's Village.

Anonymous said...

Madison is one of the finest, safest cities in the country and may, 15 years from now, be the only safe place to live in Mississippi.

It is already the wealthiest city in the state.

Trying to compare it to the Potemkin concept is a reflection on you.

BTW...I live in Rankin Co., or, as I like to call it, the new South Jackson.

Anonymous said...

If Madison is a Potemkin Village then Jackson is the open sewage pit dug directly to the river. Don't eat the fish.

Anonymous said...

"Firehouse Subs, David's Bridal, Kirkland's, and Moe's Southwest. "

Well, if you're trying to attract the crowd that currently frequents County Line Road to your place these are just the sort of businesses you want.

Anonymous said...

Madison is nothing more than a new iteration of the same old tried and failed thing......Strip mall development. While the buildings are bigger, the columns are of the corinthian order, and the tenants have no vested interest in the city, it is still nothing more than the same strip mall development venacular that fails time and again

Anonymous said...

Madison is doomed. Too many Jackson residents are moving there, and bringing their Jackson ways with them.

Anonymous said...

Madison is experiencing the same growth that most suburbs experience. First comes the residential housing. Next comes the commercial businesses to service the residents.

Anonymous said...

Things are getting pretty bad. Even Jackson thugs are fleeing Jackson. They're moving either north or east to greener pastures.

Anonymous said...

Always love to hear from the Madison haters. I could not imagine raising a family anywhere else in Mississippi. I am proud of what our leaders have built and protected. So hate all you want while I enjoy safe and God fearing community that I call home.

Anonymous said...

I must be confused. According to the complaint, Jerry Mills and his firm are suing the City of Madison. Don't they represent the City of Madison?

Anonymous said...

Firehouse Subs will just attract the low-life firefighters and policemen. Surely Madison can do better. Keep up the fight, Mary!

Spiraling downward said...

@7:28. I agree. Madison is doomed

Round the Bowl said...

Madison has become the new county line road. In 5 years when the oversized Corinthian comma fall off the fake stucco buildings, it will look fire like Metrocenter

Round the Bowl said...

Madison has become the new county line road. In 5 years when the oversized Corinthian comma fall off the fake stucco buildings, it will look fire like Metrocenter

Anonymous said...

I wish the best for Madison and for Jackson.
And, I truly wish the season's message of " Peace and good will to all" could at least exist among neighboring communities.
Who knew the Grinch would be a hero to so many?

Anonymous said...

For those of us who still live outside of Jackson, in Hinds county, as I read the comments I feel like we are unwanted in Rankin and Madison. I have been here all my life and yes it is going to hell very fast. Where would I be welcomed? I sent all 3 daughters to private school and 2 to school for jobs in the medical field and one to architecture. Am I not allowed to enter your county or do I continually hold off the thugs?

Anonymous said...

I just looked-up David's Bridal. At first, I was alarmed. But reading more about them was actually reassuring.

So, maybe it wouldn't be so bad. Their sales volume would certainly enrich the city and county, and David's is apparently not as downmarket as it used to be.

Oh,and 8:11, you don't sound like one of the Jackson rednecks (and worse) who are beginning to have a limited presence in Madison County (but not necessarily Madison-proper, where they are AGGRESSIVELY discouraged by established residents).

I presume you and yours do not have loud mufflers on tricked-out trucks, do not hang out by your "fire pits" all night (burning drug residue and gear in the "fire pit", and using the smoke to cover the aroma of your habit), and do not drive around with your cars "thumping". So, nobody will put your name on the 'secret' blacklist (for firing/not-hiring/running-off), and no retired specialists will be mounting 'covert ops', figuring out how to "neutralize" you. Lots of powerful people live here, and noisy, trouble-making threats to property values DO mysteriously fall silent, one way or another. We were told all of this when WE fled Jackson, and it does seem to be true, thank Heaven! Bad seeds get rooted-out, with a vengeance (the most current 'weeding' seems to be happening in Annandale...).

Plenty of people with bad kids, and plenty of people who cannot obey speed limits/driving rules DO end up moving back to Jackson. Happens all the time (you can read their bitter, anti-Madison posts in various Internet fora). But YOU sound quiet, polite, and nice. That's all we ask for.

Anonymous said...

Lot of Hinds County tags at the Sam's this morning. Should keep my millage rate down!

Anonymous said...

"secret blacklist", specialists running " covert ops", " neutralize" ( how pray tell... poison, a bullet in the back? Did you tamper with Precious' brakes on the 4 wheeler?"?

OMG! How do you distinguish yourself from a " thug"? Don't gangs run off people they can't control in their neighborhoods as well?

Your fictional Madison Gestapo doesn't seem to be " rooting out people" all that well. You have certainly overlooked quite a few undesirables in your very best neighborhoods! And, they have overlooked YOU 9:18 am!

Anonymous said...

If you're looking down your nose at David's Bridal you must be very wealthy and a major asshole. There's nothing low class about it at all.

Anonymous said...

8:11- In the good Rankin neighborhoods, good neighbors keep their lawns neat and trim their shrubs, take the trash cans in the same day as the trash pickup and keep them out of sight during the week. Don't let your pets roam or bark continuously. Children play outside and stay off others property. If your garage is a mess, keep the doors closed at all costs. No changing oil or doing car repairs in the driveway. Close down backyard parties at 10:00 pm. Park cars only in the driveway and no hanging out on the front porch smoking or drinking a "cool one." You would be surprised how these and suggestions from 9:18 will help to make your family welcome. If you don't like the unwritten rules, stay away, cause we sure won't make you feel welcome.

Anonymous said...

I always thought Bridlewood was one of the "good" rankin county neighborhoods. Yet, wasn't a woman held up by an armed man, and along with her son ordered to the ground and robbed in her driveway a week or so ago? Had a gun pointed at them? It was on the news. The crime continues to creep.

Anonymous said...

At 9:18 and 12:47, I can wholly appreciate your wanting to keep out the undesirables. Every area has ways to do it and works for a while until someone wants to keep up with someone else and sell their home and turn to look the other way just to make a quick profit. An old man told me this. There was a time when a man would purchase a home and raise his kids and see his grandkids grow up playing and visiting in his backyard. One day he looks up and someone is moving to a "better" neighborhood, when in fact nothing is wrong with where they were to begin with. The local realtor sells to an undesirable and that's when it goes downhill. Everyone in the neighborhood loses equity.

Buying a home anywhere is a gamble and with the Feds allowing agricultural loans to be used to build homes for a certain group just because they have land in the family since after the Civil War, and our prez forcing social engineering as he refers it to allow multiple families to purchase single family homes to "bring down" the bar so that even the undesirables can obtain home ownership, then where and how do you make an investment such as a home to retire in and lose on that investment? I'm one to slowly make change and take a chance but eventually I will have to. My God! Hinds county taxes for these deplorable public schools is insane! How much can Rankin and Madison afford in increased taxes before the citizens say that's all we can take? I don't have an answer, just seeking a good safe place to move and not be worried about the undesirables moving bedside me when it should be the last move I make.

Anonymous said...

@2:21 it is. The problem is when Jackson residents come over. Then again, I guess if the Jackson residents would just stay in Jackson than several neighborhoods would remain nice.

Anonymous said...

"I must be confused. According to the complaint, Jerry Mills and his firm are suing the City of Madison. Don't they represent the City of Madison?"

Mills and Scanlon represent the City of Ridgeland.

Going Downhill From Here said...

Someone mentioned a realtor having 'an undesirable' as a client. Oh really? Is this one of those "We don't need nunna that up in here" comments?

I don't think realtors or hiring officials are allowed to write 'undesirable' across the top of their paperwork or applications.

Anonymous said...

Oh good grief! Have none of you ever heard of covenants or having an H.O.A?

Don't you know how to deal with the " undesirable" issues you say you fear?

You have to " run off" people instead by being bullies?

What century are y'all living in?

Anonymous said...

I have been reading these comments, and I am being very entertained. Most of you people used to live in Jackson. And just because you moved approximately 10 miles north, all of a sudden you are labeling people as desirable and undesirable. I moved to Madison County 30 years ago when all of you were still living in Jackson. One day I looked up and my nice country town had turned into a haven for everybody who wanted to build a big house on a tiny piece of land. Stores popped up everywhere, and the traffic became horrible. So I eventually broke camp and moved. I am not going to label any of you, but I sure wish my small town had stayed small.

Anonymous said...

just curious. what's the definition of an undesirable? I'm not sure that I understand within the context of this thread. Is it poor folks? Black folks? Jews? Democrats? Methodists? Atheists? Baptists? Felons?

I'm serious. I'm just not sure what we mean by undesirable?

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Trollfest '09

Trollfest '07 was such a success that Jackson Jambalaya will once again host Trollfest '09. Catch this great event which will leave NE Jackson & Fondren in flames. Othor Cain and his band, The Black Power Structure headline the night while Sonjay Poontang returns for an encore performance. Former Frank Melton bodyguard Marcus Wright makes his premier appearance at Trollfest singing "I'm a Sweet Transvestite" from "The Rocky Horror Picture Show." Kamikaze will sing his new hit, “How I sold out to da Man.” Robbie Bell again performs: “Mamas, don't let your babies grow up to be Bells” and “Any friend of Ed Peters is a friend of mine”. After the show, Ms. Bell will autograph copies of her mug shot photos. In a salute to “Dancing with the Stars”, Ms. Bell and Hinds County District Attorney Robert Smith will dance the Wango Tango.

Wrestling returns, except this time it will be a Battle Royal with Othor Cain, Ben Allen, Kim Wade, Haley Fisackerly, Alan Lange, and “Big Cat” Donna Ladd all in the ring at the same time. The Battle Royal will be in a steel cage, no time limit, no referee, and the losers must leave town. Marshand Crisler will be the honorary referee (as it gives him a title without actually having to do anything).

Meet KIM Waaaaaade at the Entergy Tent. For five pesos, Kim will sell you a chance to win a deed to a crack house on Ridgeway Street stuffed in the Howard Industries pinata. Don't worry if the pinata is beaten to shreds, as Mr. Wade has Jose, Emmanuel, and Carlos, all illegal immigrants, available as replacements for the it. Upon leaving the Entergy tent, fig leaves will be available in case Entergy literally takes everything you have as part of its Trollfest ticket price adjustment charge.

Donna Ladd of The Jackson Free Press will give several classes on learning how to write. Smearing, writing without factchecking, and reporting only one side of a story will be covered. A donation to pay their taxes will be accepted and she will be signing copies of their former federal tax liens. Ms. Ladd will give a dramatic reading of her two award-winning essays (They received The Jackson Free Press "Best Of" awards.) "Why everything is always about me" and "Why I cover murders better than anyone else in Jackson".

In the spirit of helping those who are less fortunate, Trollfest '09 adopts a cause for which a portion of the proceeds and donations will be donated: Keeping Frank Melton in his home. The “Keep Frank Melton From Being Homeless” booth will sell chances for five dollars to pin the tail on the jackass. John Reeves has graciously volunteered to be the jackass for this honorable excursion into saving Frank's ass. What's an ass between two friends after all? If Mr. Reeves is unable to um, perform, Speaker Billy McCoy has also volunteered as when the word “jackass” was mentioned he immediately ran as fast as he could to sign up.

In order to help clean up the legal profession, Adam Kilgore of the Mississippi Bar will be giving away free, round-trip plane tickets to the North Pole where they keep their bar complaint forms (which are NOT available online). If you don't want to go to the North Pole, you can enjoy Brant Brantley's (of the Mississippi Commission on Judicial Performance) free guided tours of the quicksand field over by High Street where all complaints against judges disappear. If for some reason you are unable to control yourself, never fear; Judge Houston Patton will operate his jail where no lawyers are needed or allowed as you just sit there for minutes... hours.... months...years until he decides he is tired of you sitting in his jail. Do not think Judge Patton is a bad judge however as he plans to serve free Mad Dog 20/20 to all inmates.

Trollfest '09 is a pet-friendly event as well. Feel free to bring your dog with you and do not worry if your pet gets hungry, as employees of the Jackson Zoo will be on hand to provide some of their animals as food when it gets to be feeding time for your little loved one.

Relax at the Fox News Tent. Since there are only three blonde reporters in Jackson (being blonde is a requirement for working at Fox News), Megan and Kathryn from WAPT and Wendy from WLBT will be on loan to Fox. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both and a torn-up Obama yard sign will entitle you to free drinks served by Megan, Wendy, and Kathryn. Get your tickets now. Since this is an event for trolls, no ID is required. Just bring the hate. Bring the family, Trollfest '09 is for EVERYONE!!!

This is definitely a Beaver production.

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Trollfest '07

Jackson Jambalaya is the home of Trollfest '07. Catch this great event which promises to leave NE Jackson & Fondren in flames. Sonjay Poontang and his band headline the night with a special steel cage, no time limit "loser must leave town" bout between Alan Lange and "Big Cat"Donna Ladd following afterwards. Kamikaze will perform his new song F*** Bush, he's still a _____. Did I mention there was no referee? Dr. Heddy Matthias and Lori Gregory will face off in the undercard dueling with dangling participles and other um, devices. Robbie Bell will perform Her two latest songs: My Best Friends are in the Media and Mama's, Don't Let Your Babies Grow up to be George Bell. Sid Salter of The Clarion-Ledger will host "Pin the Tail on the Trial Lawyer", sponsored by State Farm.

There will be a hugging booth where in exchange for your young son, Frank Melton will give you a loooong hug. Trollfest will have a dunking booth where Muhammed the terrorist will curse you to Allah as you try to hit a target that will drop him into a vat of pig grease. However, in the true spirit of Separate But Equal, Don Imus and someone from NE Jackson will also sit in the dunking booth for an equal amount of time. Tom Head will give a reading for two hours on why he can't figure out who the hell he is. Cliff Cargill will give lessons with his .80 caliber desert eagle, using Frank Melton photos as targets. Tackleberry will be on hand for an autograph session. KIM Waaaaaade will be passing out free titles and deeds to crackhouses formerly owned by The Wood Street Players.

If you get tired come relax at the Fox News Tent. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both will entitle you to free drinks.Get your tickets now. Since this is an event for trolls, no ID is required, just bring the hate. Bring the family, Trollfest '07 is for EVERYONE!!!

This is definitely a Beaver production.

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