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Amended Complaint Filed In Apartment Developer’s Lawsuit Against Century Over Water, Sewer Fees
April 1, 2019
A lawsuit filed against the Town Century by an apartment developer over the amount they were charged to connect water and sewer service remains active.
In October 2018 Century filed a motion to dismiss the suit by The Paces Foundation and Century Park Apartments, and the plaintiffs recently filed an amended complaint.
In February 2018, Paces submitted a $165,180 check to the town for water and wastewater tap fees along with a protest letter from attorney William J. Dunaway of the Clark Partington law firm in Pensacola. The letter informed the town that the payment was made in full, but the amount remained in dispute.
In their amended complaint, Paces is seeking a declaration that they owed the town $63,750 for full payment and an additional $101,430 deposit charged was invalid, and “any further appropriate supplemental relief.” The plaintiffs have withdrawn a request for “unjust enrichment.”
The lower fee of $63,750, according to Paces, was decided upon during a 2015 meeting with then-Mayor Freddie McCall and Town Planner Debbie Nickles. The only written agreement to come out of that meeting was a handwritten page showing calculations that Paces said were based upon the 2015 rates as published online in the town’s municipal code. The handwritten document also included a proposed fee for natural gas; however, the developer later opted to go all-electric.
In 2017, the town council passed two resolutions increasing the water and sewer tap fees and charged Paces based upon 50 connections. The apartment complex, according to the lawsuit, has only one master meter that serves all 50 units.
Paces contends they relied upon the lower payment quote in determining their financial options with the apartment development. They contend they were forced to submit the higher fee in order to obtain utility services and obtain a certificate of occupancy for the apartments.
McCall and Nickles did not deny the meeting, nor did they deny the agreement or the approximate $63,000 tap fee. “The town made a commitment to them. To me, they should do the right thing and honor that commitment,” Nickles said during a March town council meeting also attended by McCall.
“Paces responded to the Town of Century’s request that they come in and invest in the Community with an affordable housing plan. Paces relied on the word of Mayor Freddie McCall and the Town Planner, Debbie Nickles, when they negotiated the impact fee for water and sewer for the $10 Million dollar apartment complex. It was wrong for the new Mayor not to honor the deal made with Mayor McCall and Paces believes that the Court will agree,” Dunaway, the attorney for Paces, told NorthEscambia.com shortly after the lawsuit was filed.
The town claimed they are immune to the lawsuit under sovereign immunity.
The town claims that Florida law does not allow a party to attempt to enforce an oral agreement against a governmental entity such as Century. Citing a 1984 Florida Supreme Court case, the town says there is not written agreement with Paces; therefore, they have no claim.
The town also asserts that alleged agreement is unenforceable because it is not written or signed.
The town’s motion to dismiss is pending and has not yet been set for a hearing.
On October 15, 2018, Mayor Henry Hawkins told the town council that Century’s response to the lawsuit would be “getting them on technicalities” [read previous story ...]. He said subpoenas were incorrectly served on Town Clerk Kim Godwin but still listed a former town clerk’s name. Hawkins said that he should have been served as the “highest ranking person” in town government, and “if they are going to serve anybody else, they have to serve them between 11 a.m. and noon.”
None of the issues raised by Hawkins were in the motion to dismiss filed in Escambia County Circuit Court.
Pictured top: Century Park Apartments. Pictured top inset: A check submitted under protest to the town by the Paces Foundation. Pictured bottom inset: The handwritten document Paces contends demonstrated a lower water and sewer tap fee as authorized by town code. Pictured below: Century’s justification for the $165,180 tap fee charged to the developer. NorthEscambia.com photo and images, click to enlarge.
Comments
14 Responses to “Amended Complaint Filed In Apartment Developer’s Lawsuit Against Century Over Water, Sewer Fees”
so hho was discussing public business (our fees) in private?
my bad.. wonder how much that is costing the town
“you can look the case up. It is the town’s attorney.”
It is not. It is an outside firm.
@M in Bratt
you can look the case up. It is the town’s attorney.
Who is the Town’s Lawyer in this? Is the Mayor representing the Town himself? That should turn out well.
I heard that council members can get loans pretty cheap. Maybe they could borrow the money and then help Paces with this.
I think it was wrong for Century to charge this company for 50 separate water meters and 50 separate sewer taps when only 1 of each was installed. They could have changed a little higher fee than normal then some sort of impact fee but I believe they where way over charged. A deputy sheriff can serve a subpoena any day any time except on Sundays, unless it’s a domestic violence restraining order,,those are 24/7. And the mayor doesn’t get to set a time for service, Florida state statute has done that for him.
I read this and wonder if the former Mayor and the planner had the authority to commit to a fee. Also wondering what the fee amount should have been and if a discount was offered, why?
All potential businesses that were entertaining Century as a vase keep dwindling.
The currant administration does not have the education to sustain any business and for sure creating a new logo as in the past to boost Century’s care or concern was a farce to detract from unethical ,uneducated, devious people who dragged that town into a deep ravine.
Century us no more and never was.
I have always known that an oral agreement is worth the paper it is written on! And I am not even surprised at the highly unprofessional actions on the part of Century, but surely the Paces Foundation knew better. Century just needs to let it go and let Pensacola take it, if it will have them!
seems like everything the town touches is fouled up. wonder why?
does the mayor own century now ?
Serve notices between 11am & noon ? Is this a timed event ? Perhaps paying taxes should be the same.
They was Century has has such bad judgment and seemed to have lies all in the board. They town is so broke I wouldn’t doubt that they dont try and screw someone out of their money!!!