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.