Bond Could Pose Problem for Suit

An attorney consulted by the Central City News told the newspaper that a suit challenging The Settlement at Shoe Creek could be problematic. He said, “Since the development has been approved, the developer has the right to move forward and rely on the city’s action.  If someone sues to block the development, the developer stands to lose money.  Since the development is supposed to be worth $35 million, the lost to the developer could be millions.  As a result, the court could and probably would require the plaintiff to post a large bond, perhaps $1 million or more.  This could make it almost impossible for anyone to sue to stop the project.”

The attorney said, “There is also the issue of standing and whether the plaintiff has a sufficient interest in the outcome of the matter to have standing to file suit.  The courts don’t allow every wrong to be corrected, and standing is often used to protect illegal governmental action.”

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