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Show Page 8 Park Record Business ReviewWinter City files motion to dismiss KearnsTribune suit Park City Municipal Corp. has filed a motion to dismiss a lawsuit that had been filed against the city in mid-September mid-September by the Kearns-Tribune Kearns-Tribune Corp. and a Florida developer who alleged that their plans to build a single-family single-family neighborhood and hotel near Park Meadows were unfairly rejected last summer. Kearns-Tribune and Norman Nor-man A. Rossman filed the suit in 3rd District Court last fall seeking $16.5 million in damages and claiming that they were denied their constitutional con-stitutional rights to develop their property north of the Park Meadows Golf Course in accordance with a 1983 master plan. Then Jan. 11 Kearns-Tribune Kearns-Tribune filed an amended complaint, continuing to Vs J t, New shopping on the way Summit County Commissioner Sheldon Richins observes the start of landscaping and construction of the new mall to be in business at Kimball Junction which will house retail outlet shops. We offer you a little Personalized Rental Management and Sales " am so thankful that our Park City home is being managed by a company whose enthusiasm, reliability and honesty provides us with complete peace of mind." Maxine Pirotte Granada Hills, California (Absentee Park City home owner) "Thank you for your efforts! I will never use anyone else when staying in the Park City area." William L. Medford Jr., M.D., P.A. Wilmington, Delaware (Park City visitor) SALES Rhonda Cannard Sideris is a member of the Park City Board of Realtors. As president of H & R Properly Management, she feels that she lias excellent knowledge of nightly rental investment properties. 801-649-6175 800-348-6759 Rental". Management . Sales P.O. Box 2425 Park City, Utah . 84060 claim that city officials, who are individually named in the lawsuit, unfairly discriminated against them. All members of the Planning Commission and City Council, Coun-cil, and Mayor Brad Olch and City Manager Toby Ross, are named in the suit. Developers had requested to build 266 single-family lots and a 500-room hotel on the foothills surrounding Park Meadows, and thereby alter the 1983 master plan of the area which allowed 376 multi-family units and 600-room hotel. The developers were denied their request to rezone the area by both the Planning Commission and City Council. Coun-cil. Park City Municipal Corp., after consulting its insurance in-surance carrier, retained the services of Strachan & Strachan for legal assistance in the case. Attorney Gordon Strachan said Park City's motion to dismiss explains why the zoning decisions reached by city officials "do not subject then individually to multi-million multi-million dollar judgments under federal civil rights statutes when a discouraged developer files suit seeking to overturn Park City's implementation im-plementation of its or- dinances." The motion to dismiss was filed Jan. 23. Strachan said the city disputes many of the allegations, allega-tions, and will disprove them at "the earliest opportunity." opportuni-ty." "Especially distressing are the allegations against the individual Planning Commission members, the City Council and City Manager," said Strachan. "The facts disputing the spurious allegations by RossmanKearns-Tribune will be presented to the court soon." In the motion to dismiss, Strachan said the plaintiffs (Kearns-Tribune) claimed that "because the residential residen-tial market in Park City has allegedly changed since the 1983 master plan was approved, ap-proved, Park City must accommodate ac-commodate the plaintiff-developers plaintiff-developers and grant proposed pro-posed modifications that will provide more profitable development of their property." proper-ty." Strachan said the lawsuit is "without merit" and "does not allege any factual basis for any infringement of any constitutionally protected pro-tected rights." Further, he said, "This court should not act as a zoning board of appeals ap-peals to force Park City officials of-ficials to modify their 1983 master plan to enable a Florida real estate developer to change an approved ap-proved multi-family clustered condominium project pro-ject into dispersed single-family single-family residences merely because the real estate market has allegedly changed." chang-ed." Kearns-Tribune and Rossman, who owns option rights to the property, noted in their lawsuit that under a 1979 agreement the city annexed an-nexed the Park Meadows mountain area, including the Kearns-Tribune parcel, in exchange for the developer to provide the city with water and a developed water system including a well, and dedicated open space in the form of an 18-hole golf course. "The developer performed all of its duties under the agreement," agree-ment," the lawsuit said. AN INFORMED AND PROFESSIONAL PARK CITY REAL ESTATE AGENT v '. MAURA O'SHEA ROSOL, CRS, GRI 1 990 Gump & Ayers Top Ten Producer 1 988 Gump & Ayers Top Sales Agent Statewide Full time Park City real estate agent since 1 980 Lifetime Member of Park City & Salt Lake Million Dollar Clubs Member Women's Council of Realtors Member FIABCI-U.S.A. Member Global Listing Service GUMP & AYERS REAL ESTATE I N C. Gump & Ayers Park City Office 1500 Kearns Blvd. (801) 649-85501-800-441-3921 II ITfinln "i |