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Park Place Nashville (2nd & Peabody), 36 story/433' and 32 story/375' residential towers; 18 story/234' hotel


markhollin

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11 hours ago, smeagolsfree said:

They have lost on every front, so they decided they wanted a jury trial as that was their right. The risk in that is the jury will look at the outcome of all of the other litigation and see what the outcome is and weigh it. It is a very risky move.

Remember they wanted Metro Council to vote on the issue originally, so the developers went back and sought an SP and Metro Council voted on it is and passed it into law. These folks are on shaky ground, and this is a last-ditch effort to keep from paying out hundreds of thousands if not millions to Metro and all of the others they have sued. It is a delaying tactic on their part and the longer they can keep from paying, the hope is that they think this will go away but the demo on the property means it is not going away. The developers have a lot more time and money invested than these ding dongs have to lose.

 

I saw this behavior occasionally when I was at private firms. A client's stubbornness that blinds them to the best outcome, which they never adjust to the reality as they go through the process. Sometimes it happens when a "friend" of the plaintiff is their attorney, or someone they believe (correctly or not) as having skin in the game. Going all the way back to the Metro Council votes, this should have been an education to them on the laws and in itself should have shaped their expectations to the most likely outcome (within the law). In this case it may actually be one of the residents who's acting as counsel. That may be a reason they weren't advised to end this. I also think a jury trial is a mistake on their part, but it may be driven by a hope for sympathy in their "fight against City Hall".  I think they're more likely to be seen as exclusive entitled people who are clueless/naive to think development wouldn't continue all around them. I expect the jury to act in good faith and evaluate this case strictly on the process (which is what they're challenging), and they'll agree with previous decisions. From what I know about this matter, it appears they've been given poor advice by their attorney(s). 

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