Developer Files Third Party Complaint against Calvert

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Developer Files Third Party Complaint against Calvert

Prince Frederick, MD - 4/12/2013

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By Marty Madden

The developer of a Prince Frederick subdivision who is the subject of litigation with Calvert County Government and the county planning commission has filed a third party complaint in circuit court. Steven B. Preller, the attorney representing Kris-Lei, LLC, provided members of the media with copies of the complaint and eight exhibits.

The dispute between the developer and the county concerns the construction of a portion of Prince Frederick Boulevard within the Prince Frederick Crossing subdivision. The county has maintained that a settlement agreement forged nearly a decade ago must be honored. The developer has maintained the agreement has expired.

In documents on file in Calvert County Circuit Court, the developer contends that the county’s complaint “fails to recognize the terms, conditions and obligations of the parties.” The counter-complaint further states construction of the segment of Prince Frederick Boulevard “is presently not possible due to the failure of Calvert County to have timely acquired necessary rights-of-way within the timeframes required by the settlement agreement. As a result, the county is years away from obtaining review and approval by the State Highway Administration of the intersection of Prince Frederick Boulevard and Maryland Route 231, issuing permits, obtaining funding and completing construction.”

The suit contends the developer “has and continues to fully perform its obligations under the settlement agreement” and has “exceeded its obligations,” while the county “continues to ignore its obligations.”

The settlement agreement was the result of the disturbance of wetlands adjacent to the development. The planning commission had initially rescinded the developer’s building permit. The parties reached an out-of-court settlement to modify the permit with the building of the Loop Road segment a provision in the agreement.

Among the exhibits Preller provided to the media are:

A copy of the settlement agreement dated January 2005

A 2006 letter Kris-Lei, LLC’s attorney, Edward Gibbs, sent to then-Calvert County Department of Planning and Zoning Director Greg Bowen requesting a one-year extension on the settlement agreement. Gibbs stated in the missive that he client was at an impasse with an adjacent landowner on the acquisition price of a parcel needed for the road’s right-of-way

A letter sent to the aforementioned property owner from Gibbs

A letter from Gibbs to Bowen requesting the county’s help in the land acquisition matter.

Last month the Calvert County Planning Commission voted to schedule a hearing to decide if it should rescind a permit issued to Kris-Lei, LLC to construct 34 additional town houses within Prince Frederick Crossing. In February, the panel filed suit in circuit court to force the developer to comply with the settlement agreement.

Contact Marty Madden at marty.madden@thebaynet.com



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