SIOUX FALLS, S.D. (KELO.com) — The four individuals involved in the Village on the River project in downtown Sioux Falls have sent the City a notice that they plan to exercise their rights under their contract and complete the project–or sue.
KELO.com News obtained a copy of the claims letter. The letter was sent Sept. 26, 2019.
The letter from attorneys for Jeffrey Lamont, Larry Canfield, Paul Cink, and Norman Drake says:
- “. . . based on rights arising from improper acts and/or omissions by the City with regard to the Completion Guarantee dated January 5, 2018 and executed by the Parties in connection with the transfer of the 100 South Mall Avenue development project (the “Project”) to Village River Group, LLC (“VRG”). Because these claims may be brought against the City, SDCL 3-21-3(2) requires that this notice be sent to either of you as the Mayor and the City Finance Officer.”
The letter also says that the completion guarantee allows them to complete the project “and the Parties hereby give notice of their intent to do so.”
They say the City’s termination of the agreement was based on “. . . acts and/or omissions by the City in reckless and negligent disregard of the rights of the Parties after termination of the Development Agreement, give rise to claims, hereby noticed, for wrongful, willful, malicious, fraudulent and/or oppressive breach of contract, civil conspiracy in doing so,”
Under state law, plaintiffs have to give notice to a government like the City of Sioux Falls before they can file a lawsuit.
This is a developing story.
Click here to read the letter.
