Dear Council members:
I am asking AGAIN for a response to my previous request for a written response to this letter:
Dear Mayor Nash and Council Members,
IF you decide to go forward with declaring our parking lots as "Surplus Land", I want to explain why it is a MISTAKE to do so.
It has Nothing to do with state mandated low cost housing.
It is based on Law and Common Sense Logic.
First:
It appears you have a track record of mistakes, especially in real estate matters, perhaps because of your acknowledged inexperience in complex real estate dealings.
For example:
1) The Meta Village housing Failure.
2) The Sunset Willow Builders Remedy Failure
3) The Violation of the Documented and Promised vested rights as follows: "51% vote of adjoining property owners is required to alter the parking lots". (See Feb 18, 2010 Shute Law Firm letter)
4) Your disregard of the Parking Lots "Cloud on the title", in favor of the surrounding stores/real estate owners.
5) Failure to respect the demand from over 135 downtown business owners; who signed a petition in opposition to your plans to disrupt their parking lots.
Second:
These failures have resulted in:
A) Multiple costly Lawsuits against the city.
B) A Ballot Measure to stop a "Rouge" Council.
C) Disregard of your assigned "Priority": Downtown Vitality.
D) City Financial Deficits.
Third:
(And most important)
If you go forward with a plan to declare the parking lots as "Surplus Land", be prepared for another "Lawsuit"
The property owners and others will, out of necessity, file a "Restraining Order" (Cease and Desist) to stop such action.
And, why would a Judge sign a Restraining Order against you?
Because:
Until the Ballot Measure AND all the Lawsuit(s) are resolved in FAVOR of the city:
IF you vote on the issue of "Surplus Land", YOU would be acting prematurely, without authority, necessitating a Cease and Desist order of the court.
Finally:
Please abandon this parking lots project.
If you disagree with this analysis, please notify me, in writing, explaining what your reasons are.
Thank you,
Michael C. DeMoss
Resident
Commercial Real Estate Attorney
Former Judge,
Former Finance and Audit commission member and Audit Subcommittee Chairman.
Sent from my iPhone
