Town Park Center renews lawsuit with city

Developer says move is needed to keep negotiations going

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Town Park Center has renewed an old lawsuit against the City of Sealy because the statute of limitations was running out on agreements related to the property along Interstate 10 and the developer wants to keep the city at the negotiating table.

“All we’re trying to do is continue discussions with the city. The last thing we want to do is go back to court with the city,” Mike Weber said on behalf of Town Park Center.

Weber said the filing was procedural to keep agreements in place from four years ago. He said right now there is no intention of proceeding in court as long as negotiations continue with the city. He said he has opted to not have the papers served to city officials.

City Manager Lloyd Merrell confirmed that he has not been served. He said he was aware of the lawsuit but knew nothing about it. He declined to comment until the city attorney reviews it.

Weber said there were “numerous little issues” left to resolve with the city before development begins on the long-delayed project.

“I don’t think they’re insurmountable. I think they can be resolved,” he said.

Weber said he feels everything could be resolved in a half a day if both sides could sit down and hash it out.

“We want to resolve it and I know city staff wants to resolve it,” he said.

One of the sticking points that was central to the original lawsuit in 2015 has to do with off-site stormwater detention/storage capacity. Weber said that was one of the issues still being negotiated. He said there are some parts of the original agreement that are Town Park Center’s responsibility and parts that are the city’s responsibility.

“We can’t do our thing until they (city) do their thing,” Weber said.

Weber did say that the issues should not affect HEB’s plans to build a store on the site.

“HEB is still planning to build here,” he said.

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