Developer takes battle over C.P. pond to court

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Developer takes battle over C.P. pond to court

Postby bull dog » Thu Jul 27, 2006 12:12 am

Developer takes battle over C.P. pond to court

CROWN POINT | The city could end up getting soaked over a recent argument with a developer about who is responsible for an unkempt pond in the Pine Hill subdivision.

Hawk Development Corp., President Jim Hawk and Vice President Todd Kleven filed a complaint against Crown Point in Lake Superior Court on Tuesday, claiming defamation and negligence. They're seeking $300,000 in damages.

City Attorney Rich Wolter said he didn't have a copy of the complaint yet and couldn't comment.

The fight over the pond at Washington Street and East 125th Street came up because nearby residents were upset about its high weeds and lack of maintenance.

The complaint takes issue with a letter dated July 3 that the city hand-delivered to residents of Pine Hill, west of the intersection of Interstate 65 and U.S. 231. The letter states that Crown Point has never accepted any deeds pertaining to any ponds in the subdivision.

"Without transfer of deeds and therefore transfer of ownership, the proper upkeep, including mowing and pond maintenance, rests upon the representatives of Hawk Development," it reads.

Hawk attorney Edward Grimmer responded by mailing Pine Hill residents a letter dated July 7, saying the city accepted and approved the pond and its maintenance by signing its plat before it was recorded in 2002. On July 11 Grimmer also wrote to Wolter asking for an apology from the city, which never came, Grimmer said.

At a Board of Works meeting July 15, Mayor Dan Klein directed city officials to keep searching their records on all Pine Hill ponds for ownership information.

Kleven, however, said there are no ownership questions from his company's point of view. Kleven, who lives in Pine Hill, said he is getting questions from neighbors at home and the office.

"(The city) said we failed our clients and that is not true whatsoever," he said.

This story ran on nwitimes.com on Wednesday, July 26, 2006 12:09 AM CDT
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