Correction: JEL Land Acquisitions LLC and Lindsey Management Co. are separate companies from Lindsey & Associates Inc. of Fayetteville, although they share some of the same owners. Also, Lindsey Management Co. isn’t involved in the development or purchase of 18.85 acres owned by the city of North Little Rock where apartments are proposed to be built. This article about a lawsuit involving a North Little Rock City Council decision for a street that will go through the apartment complex misstated the relationship of the companies.
Eugene Pfeifer III, developer of NorthShore Business Park in North Little Rock, has filed a lawsuit challenging the City Council's approval last month to change the alignment of a proposed street that would provide the business park a second entrance and exit.
The lawsuit, filed Friday in Pulaski County Circuit Court, is on behalf of Pfeifer and the Pfeifer Family Partnership. It names as defendants the city and JEL Land Acquisitions, which is under contract to buy 18.85 acres from the city for the development of apartments near the business park.
The city received its copy of the lawsuit Tuesday and is preparing its response, City Attorney Jason Carter said.
"Given the background, I don't think this case is about zoning or street design as much as it is about one developer trying to get another developer to pay for the construction of a street," Carter said.
The road alignment change made to the city's Master Street Plan would accommodate the apartment complex to be developed by Lindsey Management Co. Both Lindsey Management and JEL Land Acquisitions are part of Lindsey & Associates real estate of Fayetteville. Lindsey is under contract to buy the city's property for $754,000.
The road is to connect Crystal Hill Road with Young Road near the Interstate 430 interchange with Maumelle Boulevard and Crystal Hill Road.
Pfeifer's separate complaint and appeal to the City Council's action states that amending the Master Street Plan will "increase traffic in an already congested area and will exacerbate safety issues in connection with the NorthShore Business Park, including Crystal Hill Magnet School." Pfeifer and others argued during City Council discussions that the original street alignment in a Master Street Plan passed by the council in January 2014 is a better option.
Either proposed alignment would provide a second entrance to the business park from Crystal Hill Road. The alignment change involves the road turning south to Young Road through the apartment complex, instead of continuing east to connect with an existing NorthShore Lane on the back side of the business park.
The City Council approved Ordinance 0-15-21 on April 20 to amend the Master Street Plan in a 6-2 vote and also passed Ordinance 0-15-22 by a 7-1 vote to rezone 5 acres adjacent to the proposed road for an addition to the planned apartments. Aldermen Bruce Foutch and Linda Robinson voted against amending the street plan, and Foutch was the lone vote against the rezoning.
The lawsuit asks that the council's decisions be voided and the city instructed to repeal the two ordinances. The case has been assigned to Circuit Judge Chris Piazza.
Metro on 05/13/2015