[T]he mayor and lead developer of CityPlace Burlington are applauding the dismissal of a federal lawsuit filed by opponents of the downtown project.
Judge Geoffrey Crawford rejected arguments from the opponents that they had not been properly informed of changes to the project that resulted in fewer parking places. The opponents had earlier reached an agreement with developer Don Sinex on a variety of issues, including parking.
Sinex and Mayor Miro Weinberger said they expected the dismissal.
“While this outcome was expected and we do not believe the suit had any material impact on the project, we nonetheless are pleased to end 2018 with this strong, clear dismissal by Chief Judge Crawford,” Weinberger said.
Sinex called the lawsuit the “latest folly by Franco,” referring to attorney John Franco, who filed the suit on behalf of the opponents.
“I would add that instead of searching for some other frivolous ground on which to fight the project further, I would invite Franco and his clients to join with us now to see that the project comes to fruition,” Sinex said.
Franco could not be reached Monday but told the Burlington Free Press that he and the opponents plan to continue fighting the project.
CityPlace Burlington would be a mix of retail, commercial and housing in the city’s core near the Church Street Marketplace. It would replace the former mall and other buildings. Some of the structures are proposed to reach 14 stories high.
Development of the site has been delayed several times since demolition ended this summer. Sinex said Monday that securing $180 million he’s seeking in financing is “very close” and said he expects construction to start in the spring. Sinex is working with Brookfield Asset Management, which has made a major investment.
According to the lawsuit, opponents said they were not properly notified of changes Sinex and the city made about parking after the agreement.
The judge noted the city had properly posted notice of the change. However the decision also noted the developer had agreed to make changes only with the consent of the opponents.
Ed. Note — An earlier version of this story contained incomplete figures on parking requirements.
