Giuliani, Biafora sue City over Development (Daniels: zoning, lawsuits, legal)
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If I'm not mistaken, wasn't Giuliani granted an exception to zoning ordinances for his partnership with the Presbyterian Church project? If so, that is quite possibly precedence for throwing out the suit, or it would result in revocation of his exception.
If I'm not mistaken, wasn't Giuliani granted an exception to zoning ordinances for his partnership with the Presbyterian Church project? If so, that is quite possibly precedence for throwing out the suit, or it would result in revocation of his exception.
Yes, he got some variances relating to parking and approval to build part of the building on a lot zoned for lesser improvements. There is no legal point in pursuing a revocation of a variance that has already been approved on a building that is already constructed (for the most part). It won't happen.
Yes, he got some variances relating to parking and approval to build part of the building on a lot zoned for lesser improvements. There is no legal point in pursuing a revocation of a variance that has already been approved on a building that is already constructed (for the most part). It won't happen.
Okay, but the fact that he has himself sought and received exceptions to the ordinances could be grounds for a court to declare his suit frivolous, I would think. The most this will cause is a delay.
Okay, but the fact that he has himself sought and received exceptions to the ordinances could be grounds for a court to declare his suit frivolous, I would think. The most this will cause is a delay.
I think they are pursuing multiple issues with taking legal actions. Biafora has said this is just the first in a series of lawsuits against the city. He said other suits may include the WVU projects, CVS / bank project, Sheetz, and other downtown improvements. I think it is also clear he does not approve of the current city manager or planner (said on WAJR). To be honest, I can't exactly figure out what Biafora and Guilinia are trying to accomplish. I agree with CT, this may cause a significant delay in the projects. I doubt it will stop them from happening.
For him to get a delay, he would have to get a judge to issue an injunction. I don't know how likely that would be to happen. I am not thrilled with the current city management myself (too tied in with the old guard and has too many buddies among city employees too look after the citizens' interests properly), but I am in favor of development downtown as long as it doesn't affect the character of High Street. Giuliani is trying to protect his current investment value... Biafora the competitiveness of what he is building. I don't blame them, but I don't agree with them. It's a free market system, and they have to suck it up and compete. These developments need to go forward.
I think they are pursuing multiple issues with taking legal actions. Biafora has said this is just the first in a series of lawsuits against the city. He said other suits may include the WVU projects, CVS / bank project, Sheetz, and other downtown improvements. I think it is also clear he does not approve of the current city manager or planner (said on WAJR). To be honest, I can't exactly figure out what Biafora and Guilinia are trying to accomplish. I agree with CT, this may cause a significant delay in the projects. I doubt it will stop them from happening.
Better sue Daniels Department Store for wanting to build that mixed use building downtown too... Panera has too many customers so I think they need sued too. How about that new sorority building going up on Spruce? Sue sue sue!
I think they are pursuing multiple issues with taking legal actions. Biafora has said this is just the first in a series of lawsuits against the city. He said other suits may include the WVU projects, CVS / bank project, Sheetz, and other downtown improvements. I think it is also clear he does not approve of the current city manager or planner (said on WAJR). To be honest, I can't exactly figure out what Biafora and Guilinia are trying to accomplish. I agree with CT, this may cause a significant delay in the projects. I doubt it will stop them from happening.
Actually, I'm hoping they're successful stonewalling the Sheetz. They can suck it in regards to the actual quality downtown growth.
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