Developer Sues Town for Delaying Duplexes

An Orange County developer has filed a complaint against Chapel Hill that could cost the town $10,000 or more.

Bill Rogers, owner of AM Properties and Dallas Development and Trust, has alleged that town officials delayed construction of 10 duplexes on Nunn Street Extension near Village West Condos.

The town could face damages in excess of $10,000 for unconstitutionally delaying construction permits, which officials issued eight months after Roger's request.

Town Attorney Ralph Karpinos said he could not recall a case in which a party who had received a permit sued after obtaining a green light to build.

"We have denied permits and have been sued by parties who thought that they ought to get them," he said. "We have also approved permits and then been sued by parties who believed that we shouldn't have. "

Rogers refused to comment on the pending case, but his complaint stated that town officials were to blame for the delay. "The town, through its employees, acted for the specific purpose of delaying, obstructing and preventing (Rogers) from developing the property as duplexes," the complaint stated.

Rogers applied for building permits to begin construction of the duplexes in May 1999. On May 28, 1999, he received approval from former Inspections Director John Davis.

But nearby Village West homeowners approached Town Manager Cal Horton and City Planning Director Roger Waldon with complaints about future construction.

Rogers' complaint alleges that the town then took measures to keep Davis from actually issuing the approved permits until February 2000.

According to the complaint, the planning director and town manager required Rogers to obtain unreasonable approvals before they would issue building permits. "Such requirements have not been and are not imposed on other similarly situated applicants for building permits," the complaint stated.

The complaint, filed Sept. 22, reports the plaintiff had to obtain miscellaneous approvals like erosion control permits and sewer plans.

Rogers claimed the town violated his 14th Amendment rights when it deprived him of property without due process of law as well as his right to equal protection under state law.

Waldon refused to comment on the case.

Chapel Hill officials will take the next step in the legal process when they respond to Rogers' complaint.

But attorneys for both Rogers and Chapel Hill declined to comment on the case itself. Karpinos said he prefers to wait before issuing further statements.

"We want to save litigation for the courts."

The City Editor can be reached

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