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.


31 comments:

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...

4:10
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. http://www.racked.com/2015/6/2/8699571/davids-bridal-wedding-dress

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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