By Jane Smith
The proposed Atlantic Crossing project sits in two courts.
Edwards Cos. of Ohio is appealing the two monetary claims against Delray Beach that the federal court dismissed in July. The developer also will litigate the remaining claims that were sent back to the state court.
“We are committed to keep Atlantic Crossing moving forward, and to reach final resolution of all litigation to preserve our property rights,” said Don DeVere, Edwards’ vice president.
The appeal was filed on Aug. 24.
The developers were seeking more than $25 million from the city to cover their costs for the 9.2-acre project.
“The dismissal was comprehensive and well-reasoned by a highly respected judge,” said Delray Beach Mayor Cary Glickstein. “It’s unfortunate the developer prefers spending on multiple lawyers rather than working with the city and creative planners to produce a safe and functional development plan that could move forward.”
The proposed Atlantic Crossing project sits at the main intersection in the city’s downtown — the northeast corner of Federal Highway and Atlantic Avenue.
The $200 million mixed-use project was proposed by a partnership between Edwards Cos. and Ocean Ridge resident Carl DeSantis. Edwards bought DeSantis’ share in June for $38.5 million. But both would share in the proceeds if the federal case is decided in favor of the developers.
The development team sued Delray Beach in June 2015, claiming the city has not certified its site plan that was approved in November 2013 and affirmed by a previous City Commission in January 2014. Last October, the lawsuit was moved to federal court.
By Jane Smith