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City attorney: Linden Place stormwater work on hold after bankruptcy filing; jury trial in Adkins matter set for Oct. 7
Summary
City Attorney Bob Stuyvesant told the council that a recent court filing and a bankruptcy notice have paused stormwater work on Linden Place; he said a jury trial in the Adkins lawsuit is scheduled for Oct. 7 and that staff-provided contribution agreement appears to place responsibility for gas and electric on the developer.
City Attorney Bob Stuyvesant provided the council with a legal update during the Aug. 19 meeting, saying recent court filings and a bankruptcy notice have placed the Linden Place stormwater project on hold.
Stuyvesant told the council the city received notice of a bankruptcy filing but is not currently a creditor because no agreement has been reached and the city is not owed money. He added that Adkins’ attorney has filed a declaratory-judgment counterclaim seeking a court ruling on whether the city or the developer is responsible for providing gas and electricity to the development property. Stuyvesant said the contribution agreement staff provided indicates the developer is responsible for those utilities. A jury trial in the Adkins matter is scheduled for Oct. 7; Stuyvesant said he will have more information at the September meeting.
The council took no public action on the litigation update at this meeting; Stuyvesant’s remarks were presented as a staff legal update and the city will continue to monitor court filings and report back.
