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Developer says city broke sewer agreement and urges community center instead of pickleball; council clarifies county is funding courts

City of Casey City Council · September 4, 2024
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Summary

Presenter John Cherry told the council he claims the city failed to install sewer infrastructure promised in a contract, said he lost multiple quarter‑million‑dollar offers, warned he may sue, and urged funds be redirected from a planned pickleball project toward a community center; a city speaker said the Lexington County Recreation Commission is fully funding the pickleball courts and the parcel is county property.

Developer and presenter John Cherry told the City of Casey council during public comment that he had an agreement with the city to install sewer to serve a subdivision he said he developed on Papa Street, that the city had not fulfilled that agreement, and that the failure cost him sale offers totaling about $250,000 each. Cherry said he has a contract he believes the city breached and that he would prefer the city honor the contract rather than taxpayers pay a court judgment.

"The best thing to do is go ahead and honor the contract," Cherry said. He added that he does not want to "be the villain" and sue the city and have taxpayers pay, but said he is prepared to pursue legal remedies if necessary.

Cherry also raised separate concerns: he said an old school on Poplar Street appeared to have been sold for less than market value, and he criticized a planned pickleball facility sited near a mostly African American neighborhood. He told council the pickleball project was estimated in conversation to cost "around 400 to $500,000" but said he expected to get exact figures through a Freedom of Information Act request; he argued city funds would be better spent on a community center to reduce local youth violence.

A city speaker clarified for the record that the parcel discussed belongs to the Lexington County Recreation Commission and that the rec commission is 100% funding the pickleball project. "We did not vote to put any City of Casey tax dollars into this pickleball initiative," the speaker said and added that the rec commission's estimate had increased to about $1.3 million.

Council did not take formal action on Cherry's contract claims during the meeting; the council later went into executive session for legal advice on claims and potential claims. Cherry told the council he had filed a FOIA request for detailed cost information for the pickleball project.

Next steps: The council proceeded to executive session to receive legal advice on claims and discuss economic development matters; staff will address any follow‑up questions and legal options raised in executive session.