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Resident says city sued to reclaim TIRZ 3 lot; urges council to negotiate rather than pursue reverter
Summary
Ron D'Amico told the council the city is trying to enforce a reverter clause to take back a lot he bought in TIRZ 3; he said he offered settlements and is contesting the suit in court.
Resident Ron D’Amico addressed the council during public comment and said the city has sued him to seize a lot he purchased in Tax Increment Reinvestment Zone (TIRZ) 3, invoking a reverter clause in the deed.
D’Amico’s account: D’Amico said he bought the lot in Terrace 3 intending to build an elevated home and that the city previously represented that buyouts, rather than elevations, were the expected remedy for properties in that zone. He said the city later announced buyouts were no longer budgeted and switched to elevation funding, and that the city manager had told him buyouts were no longer an option. D’Amico said he offered two settlement options about eight weeks earlier — an offer for the city to repurchase the lot at his purchase price and an offer to sell to a third party willing to build within a year — but he said the city declined without substantive response.
Legal posture and requests: D’Amico said his attorney reviewed the deed and concluded the reverter clause does not permit the city to seize the property without compensation in the present facts; he said he and his counsel filed a response in court and are contesting the city’s claims. D’Amico asked the council to work with him and his attorney to resolve the dispute “fairly and legally.”
What officials said: The city attorney’s office and the city manager were referenced in D’Amico’s remarks; in the meeting record there was no council action on the item and no statement by the city attorney on the public record at that time.
Why it matters: The dispute raises questions about the city’s administration of TIRZ 3 policies and dealings with property owners who relied on earlier program representations. D’Amico said the city’s counsel indicated staff were unaware of the TIRZ 3 plan when D’Amico’s response was filed, which he criticized as a lapse in due diligence and a use of taxpayer dollars on litigation.
Next steps: D’Amico said the matter is in court and that he would continue to contest the city’s suit. He asked council to engage with him and his counsel to seek a negotiated resolution.
