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The Daily Tar Heel

Town Takes Builder to Court

The town filed a lawsuit against Riddle Commercial Properties Inc. and its owner, Joseph P. Riddle III, to have the builder finish installing three streetlights at the corner of Franklin Street and South Columbia Street.

The town began to levy a $25-a-day fine against the builder on Nov. 23, 1999, for the alleged violation of a zoning agreement. Riddle Properties now owes more than $12,500 in fines.

Officials said Riddle Properties was supposed to have the lights wired and working when it finished construction of its building that houses First Union and Top of the Hill in late 1994.

But none of the businesses housed in the building are involved in the suit.

Town officials said the builder left them no choice but to take legal action.

"We really thought we could get this taken care of without having to go to court," Curtis Brooks, manager of town streetscape projects, said. "We've had several meetings with them and really felt like we were making progress, but it's been a while now and still nothing has been done."

The town filed the lawsuit March 29, asking a Superior Court judge to enforce the fine against the builder and have Riddle Properties finish installing the lights.

The town hired the local law firm Baddour & Milner to handle the matter. Allen Baddour said the town has spent time and money trying to resolve the matter and thus feels the fines are justified.

"The point of the civil penalties is not to make money, but to levy a penalty for the delay," Baddour said. "The main issue here is to make sure (Riddle Properties) complies with the special use permit it was granted at the beginning of the process back in 1992. They still haven't followed through with that."

Joseph Riddle could not be reached for comment. Stacy Weaver, attorney for Riddle Properties, said he was not ready to comment on the matter at this time.

Baddour said it is unfortunate the matter had to be handled this way but says he is optimistic about the outcome of the case.

"We are very confident in our legal position," Baddour said. "We feel like Riddle Properties' obligation is very clear, and we hope the court will see it that way as well."

Brooks said that although the process has taken longer than the town had hoped, he feels Riddle Properties will opt to resolve the matter in a timely fashion.

"I would think that it's a small enough problem that they'll want to take care of it soon and not have it drag on."

The City Editor can be reached at citydesk@unc.edu.

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