Attorney Konvalinka Asks City, County Not To Appeal Judge's Ruling In Black Creek Case; To Deny New TIF

Wednesday, August 6, 2014

Attorney John Konvalinka went before the City Council on Tuesday night and the County Commission on Wednesday morning asking the panels not to appeal the decision of Chancellor Frank Brown in the Black Creek Tax Increment Financing (TIF) case.

He also asked the panels not to approve a new $9 million TIF for the group that includes Doug Stein and Gary Chazen.

There was no comment from anyone on the governmental bodies.

Chancellor Brown ruled in favor of citizen activist Helen Burns Sharp, who sued to block the TIF. He said the Sunshine Law was violated in connection with approval for the project. He also ruled out an opinion from a lawyer in the employ of the developers that it was a valid project under TIF.

Attorney Konvalinka told the groups, "It isn't often you get a chance to correct a wrong decision."

He said the developers had stated that all the funds would be used to build a road and sewer line up Aetna Mountain. But he said, "The first draw of over $240,000 went for legal expenses."

He said his side has evidence that it would cost much less than $9 million for the construction project.

He told city officials that the developers stand to make money on investing the interest. He said earlier that the group stated the project could not go forward without the governmental help, then it was the developers who wound up buying the bonds. 

The losing parties in the case had 30 days to file an appeal. None has been filed.

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