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On behalf of Kadish & Associates Law Group posted in Construction Litigation on Thursday, April 14, 2016.

Environmental activists work to preserve lands in the United States that have at least one unique feature such as whether the land is one of few growing areas for certain types of vegetation or is a habitat for an endangered or rapidly disappearing animal species. While many here in Arizona and elsewhere would applaud this work, it can also cause problems for developers and construction companies who want to build on the land. This can lead to construction litigation being filed by either side depending on how a local government decides to deal with the controversy.

In one case in another state, there are approximately 4.5 acres of wetlands situated within an urban area that several parties believe should be protected. However, a developer received permission to build on the property from the county. A lawsuit was filed against the county to stop the construction, much to the chagrin of the developer.

The developer purchased the 4.5 acres in order to build a Whole Foods grocery store and Wawa convenience store. At this time, the land is zoned for commercial use, and the developer says that it will end up being built on at some point. The court presiding over the lawsuit will need to make that determination.

Arizona companies might not be aware that this type of construction litigation is possible. When choosing a plot of land upon which to build, it is important to understand the history of the land. Not only could there be some environmental issues, but title issues can also put a stop to impending construction. Even if preliminary government approval is received, other issues could halt construction efforts, so being forewarned that an issue could arise could help forestall it.

Source: mysuncoast.com, “Controversy over Sarasota Whole Foods and Wawa construction”, Kate Flexter, April 6, 2016