Controversy Continues After Judge Rules in University Heights Lawsuit

In a recent legal battle over the University Heights deed-restriction lawsuit, a judge ruled in favor of the developer, Be Kind & Merciful LLC, allowing them to proceed with their proposed commercial development on the northwest corner of National Avenue and Sunshine Street. However, the controversy surrounding the project is far from over, as questions remain about what comes next.

Despite the judge’s ruling, developers and at least one neighbor are threatening further legal action if they don’t get their way. Behind-the-scenes letters reveal a tense situation, with BK&M offering a deal to the neighborhood plaintiffs: don’t appeal the ruling, don’t speak against the development publicly, and BK&M won’t sue you.

The initial lawsuit, filed by a group of University Heights residents over a year ago, sought to stop the development of anything but a residential dwelling, citing century-old deed restrictions. However, the judge found that most of the restrictions had already been waived by the residents themselves, as many of the original plats now included more than one residence.

In response to the threat of future litigation, the neighborhood plaintiffs have rejected the offer and plan to appeal the judge’s decision. They remain committed to preserving their historic residential neighborhood from commercial development.

Meanwhile, the developer, BK&M, is considering alternative plans for the corner property, such as professional offices or multi-family housing, in response to concerns about increased traffic. The situation has been described as a “nightmare” by the developer, who has received threats of litigation from neighbors and is eager to put an end to the ongoing legal battle.

As the legal saga continues, the future of the University Heights development remains uncertain. Stay tuned for updates on this contentious issue.