City to hear Family Dollar appeal

Published: Wednesday, February 26, 2014 at 12:52 PM.

Hughes said the company “incurred extensive obligations and expenses such that it would be highly inequitable and unjust to now prohibit (Blue Current) from proceeding with the project’s development.”

He says P & Z Chairman Tom Daly’s comment at the Nov. 2013 hearing, that “the reality is we voted on something very quickly without really thinking it through at that time,” shows P & Z acted negligently, did not exercise sound judgment and was not “without wanton disregard for the company’s rights in the property.”

Hughes admits in this filing the city’s land development code does not include “published criteria” as to what constitutes a retail specialty store. But, he argues, rather than articulating the evidence that it relied on to makes its decision, P & Z relied on “improper, irrelevant, immaterial and inadmissible” comments of the public.

P & Z “capriciously blocked (Blue Current) from actually developing the property after the company purchased the property in reliance on the of-reco0rd actions of (P & Z) and the written assurance of City Administrator Betty Webb,” Hughes wrote in his filing.

According to the filing, Blue Current, if granted permission, would develop and construct the store, and then receive rental income arising from lease arrangements between Blue Current and Family Dollar Stores, Inc.

 



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