Heritage Oaks lawsuit caught in limbo

ALACHUA – A lawsuit from last year is lingering, while the City of Alachua seeks to end it.

The Heritage Oaks lawsuit that took place in August of last year nearly awarded developer John Curtis Jr. $3.9 million from the jury, but the judge withheld the money.

The lawsuit, which was filed by Curtis Jr. and the American Construction Development Co., said that the City of Alachua obstructed the developer’s ability to receive permits and water and electricity.

According to reports filed by the court, the judge has postponed the jury’s decision to award Curtis Jr. with the $3.9 million and is currently working on getting a summary judgment.

A summary judgment is a judgment made without a trial.

Curtis Jr. was forced to abandon the project after the city banned him from working on the subdivision.

In the case, Heritage Oaks residents were able to show the damages that had occurred to their homes since he left the project, noting sagging roofs and unpaved roads as some of the issues that the development faced, according to reports.

The original case against the city was filed in 2009.

Curtis Jr. alleged the city breached contract and interfered with the development. The trial called attention to issues relating to quality of construction, such as improperly paved roads. Photos at the trial showed that wastewater pipes had been repaired using duct tape.

He also said the city effectively precluded it from being able to market the property.

Heritage Oaks claimed the way the city treated it compared to other similar developers was done intentionally to discriminate against it.

On the five counts the city was charged with, it was found guilty of all of them and awarded the majority of damages the developer sought.

After the jury awarded the $3.9 million on the grounds that the city interfered in the development of the subdivision, Judge Hulslander set the jury verdict aside and called for an appeal because he felt that the city did not interfere with the construction, said David Theriaque, attorney for the city handling the lawsuit.

“He believed the jury verdict form was flawed and that a new trial needed to be held,” Theriaque said. “It invalidates the $3.9 million jury verdict.”

The case will focus on proving the city was not at fault for the issues faced by Curtis Jr. and his problems with permits and electricity.

The case is currently ongoing and has not moved into setting another trial yet.

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