Judge rules no on Family Fare complex

‘I doubt they are going to appeal’

Circuit Judge Dennis Leiber ruled against Boulder Crossings, LLC, in the company’s lawsuit against Plainfield Township.

Boulder Creek’s attorney had maintained that the township was violating the company’s right to develop their property and that the zoning was “taking without compensation.”

They sought an injunction against township interference in building a Family Fare store and complex at Seven Mile and Northland Drive. In addition, they asked for $2.3 million in damages.

Lieber’s opinion ruled for the township consistently on each point. He ruled that Boulder Crossings failed to show the property could not be developed as residential; the zoning was in the interest of people living in the township; and that the developer did not have reasonable expectations when purchasing the property for their intended use.

“It was such a strong opinion I doubt they are going to appeal,” said trustee Vic Matthews. The deadline to appeal is Dec. 16. Litigation insurance covered $100,000 of the township’s cost of the suit, but did not cover an additional $17,000, plus the cost of the trial.

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