A choose has decided that the Fortress Pines Metropolis Council didn’t overstep its authority when it stopped a developer from constructing a McDonald’s in that upscale bed room group.
“As a result of the council had competent proof to help denying the location enchancment plan, the courtroom affirms the council’s resolution,” Decide Stacy Guillon dominated Monday.
An uncommon quantity of debate has gone into whether or not to permit golden arches at Fortress Pines Parkway and Lagae Highway. That got here to a head in Might 2024, when the council held a public assembly and voted. “No clown in our city!” chanted residents of the southern suburb.
100 folks attended the council assembly and two dozen spoke concerning the proposed quick meals cease. In a 5-2 vote simply after midnight, the McDonald’s was rejected.
A month later, the Fortress Pines Metropolis Council was sued by Ventana Capital, the Englewood agency that owns the land the place the McDonald’s would go. Ventana mentioned the council invented “nebulous bases” for denying its proposal, similar to site visitors and a scarcity of out of doors seating, to disguise its precise, arbitrary reasoning: It doesn’t like McDonald’s.
However after a 12 months of litigation, Guillon sided with the town and upheld its council’s resolution.
“The legislation makes clear that this courtroom is to not second guess whether or not the town council acted correctly or in its constituents’ greatest curiosity; the courtroom could reverse provided that the town council had no competent proof in any respect to help the choice it made,” the choose wrote.
Guillon rejected the developer’s argument that as a result of metropolis code permits for quick meals in that a part of city, the council had no proper to disclaim the McDonald’s. The choose mentioned such considering would imply “raucous nightclubs” have to be allowed the place “mellow cocktail lounges” are.
“The courtroom will not be persuaded that the legislation requires shackling the council on this manner,” she wrote.
Ventana mentioned it’s “upset” Guillon didn’t overturn the council’s resolution to “cave to a vocal minority of voices and their want for a unique model of restaurant as an alternative of a McDonald’s.” The developer is weighing its choices, together with a potential attraction.
“Town council shouldn’t be permitted to cover behind, because the courtroom aptly famous, elements that ‘are inherently subjective,’” Ventana mentioned. “Town’s residents deserve not solely the numerous tax advantages {that a} McDonald’s would convey but additionally further restaurant selections.”
The ruling is a win not just for the town authorities however for outspoken householders there.
“We really feel vindicated within the sense that our metropolis authorities has protected the property rights of fairly a couple of householders who abut this space and would have needed to cope with the site visitors, and guarded the varsity youngsters who additionally would have been impacted,” Doug Gilbert, president of the Fortress Pines North Owners Affiliation, informed BusinessDen this week.
Metropolis Supervisor Michael Penny mentioned he’s happy the choose gave “applicable deference” to the council. “Town stays hopeful that future improvement alongside the Fortress Pines Parkway hall will develop in a manner that greatest meets the wants of the group,” he added.
Ventana’s attorneys are Carolynne White, David Meschke, Maxwell Porteus and Alexander Jack at Brownstein. Fortress Pines’ are Josh Marks and Geoff Klingsporn with Berg Hill Greenleaf Ruscitti. Jonah Hunt and Marcus Wile at Orten Cavanagh Holmes & Hunt symbolize the HOA.
