Round Won in Legal Fight Over Proposed Development
“Our view is that this is also a victory for the public,” Clauss said. “. . . overturning that lower court ruling really upheld that the public does have a right to be part of the process for land use changes. And the lower court ruling had disregarded that entirely and vested the right in officials outside a public process, if in fact that did occur.”
The ruling is a setback but the case will continue, said Peter Heebner, an attorney representing Pacetta LLC.
“We are just trying to figure out what do they mean and what the breath of the opinion is,” Heebner said. “Regardless, we are very disappointed. It’s devastating to the property owner, obviously.”
The Johnsons could not be reached for comment.
Heebner said the ruling that the city was not liable under the Bert J. Harris Jr. Act only involves one parcel of about 10 in the 16-acre property. The Bert J. Harris Jr. Act calls for compensation for landowners if they are “inordinately burdened” by a government.