Neighbors Withdraw Apartment Lawsuit
Posted: November 15, 2012 at 3:32 a.m.
An apartment complex off the north edge of the University of Arkansas campus will end up in university hands one way or another, principals involved said Wednesday.
At A Glance
Beverly and Archie Schaffer and Susan and Ken Garner issued the following statement after dropping their lawsuit Wednesday:
“Today, we have put an end to our appeal of the Fayetteville City Council’s decision to approve Project Cleveland.
“We filed our appeal of the city’s decision in and effort to protect the quality of life in our historic neighborhood. A private student dormitory and a six-story parking deck do not belong on a residential street next door to a landmark elementary school in an established neighborhood.
“While we were successful in winning a de novo, or brand new, review of this project by a jury of our peers, recent events render the continued pursuit of this appeal pointless. In the face of the announcement that the University of Arkansas intends to acquire a large part of the property that would have comprised Project Cleveland, proceeding with our efforts would amount to a fool’s errand. We don’t wish to burden the parties further with either the expense of an appeal to the Arkansas Supreme Court or a jury trial.
“Attached is a copy of the Order of Dismissal Without Prejudice. We are grateful for the hard work and encouragement of our attorneys and to the circuit court judge for the prompt and thoughtful attention given to the complex issues presented in this appeal.”
Source: Staff Report
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