The city of says it did not mislead the two homeowners. Ann and LeeCoblentz and John and Deborah Lewandowski say the city lied to them intrying to obtain a release on deed restrictions on their property, whichadjoins the 75-acre parcel. Also, the two couples say the city has refusedto hand over public information about the land settlement.

The case is before Oakland County Circuit Court Judge Fred Mester. The twofamilies are asking for punitive and actual damages, as well as attorneyfees, because they say the city did not reveal public information.However, city attorney Gerald Fisher said all documents allowed under theMichigan Freedom of Information Act were given to the families, and only twoside letters were omitted, because they were exempt from the FOIA.

Fisher said in an answer to the lawsuit that the residents were toldeverything publicly releasable about the settlement."Attempts were made to negotiate with counsel for Sandstone in an effort tosecure release of as many of the side letters as possible," Fisher said.

Mester formerly presided over the Sandstone Associates Limited Partnershipv. City of Novi, and in that case had awarded the developer approximately$70 million after the city refused to allow Sandstone to build on otherproperty in the city.

In return for dropping the case, the city gave Sandstone more than 75 acresof land in what had been known as North Novi Park. The city claimed thegiven-up land had never been designated for parkland, and that residentswould have had to pay hundreds of dollars in extra taxes each year to payfor the settlement.

However, the city also tried to give away additional land for a right of wayalong Dixon Road, that included land owned by the Coblentz's and theLewandowskis. The city offered the two families $15,000 if they wouldrelease deed restrictions on the property, which had said the land was onlyto be used for residential or agricultural uses.

The families said they would like to enforce the required uses on the newsite. Sandstone plans a mixed-use development on the 75-acre site.

Instant Insights /

Deed Restrictions Hamper Mixed-Use Development

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