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Wednesday, Jul. 23, 2008

Judge says buildings can come down for CentrePointe

Circuit Judge Pamela Goodwine said Tuesday the law made no provision for her to halt demolition of buildings on the downtown block where CentrePointe is planned. However, she said she was “totally disappointed” that developers Dudley and Woodford Webb were not in court to answer questions about their proposed development.

The Webbs can begin demolition immediately and move forward with construction of the planned design.

The Preserve Lexington group had gone to court seeking a temporary injunction to prevent razing of the buildings in the Courthouse Area Design Review Zone. The Design Review Board had approved the demolition.

The city ordinance that established the Design Zone provides for an appeal to the Planning Commission, but it does not provide for a stay of action until the commission meets, Goodwine said.

The Planning Commission had tentatively set Sept. 18 for a hearing.

However, with the Webbs moving forward to demolish the buildings, the commission's hearing would have no impact. The buildings will be gone.

Goodwine said that Preserve Lexington, a historic-preservation group, had to meet three criteria before an injunction could be issued.

The first was to prove that irreparable harm would be done if the injunction were not granted. That was a given, the judge said. Once the buildings come down, they can't be put back.

But she had to balance that against the impact of new jobs, increased tax revenue and cleaning up a blighted downtown block.

The third test would be the likelihood that Preserve Lexington's appeal before the Planning Commission would succeed. The judge did not address that issue.

Goodwine said CentrePointe would have an economic impact on the community that would be “incredibly significant.”

“The economic benefits for years to come are absolutely and indisputably tremendous,” she said, adding that both the developers and the city will gain financially

However, “I am absolutely, totally disappointed that the Webbs were not here today,” the judge said.

Woodford Webb came into the courtroom shortly before the judge read her decision. His father, Donald Webb, who founded the Webb Companies with his brother and is now retired and living in Florida, was also in the courtroom. Dudley Webb, Donald's brother, was traveling out of the country.

But it is private property “and as purchasers of private property, they can do with it has they wish,” she said.

Goodwine said she wanted to ask the Webbs about the conception of the project, its design “and why there was no community involvement.”

“Our downtown belongs to all citizens, not just the developers of this project,” she said.

The Webbs complied with the “letter of the law” by applying for demolition permits, going before the Courthouse Review Board to present their design and its economic impact. A public hearing was held before the Review Board that handed down a 4-0 decision in favor of the CentrePointe development.

Goodwine expressed disappointment that while CentrePointe presents an opportunity to develop the block into an asset for downtown, it created divisiveness in the community, “and we came to the point where we are today.”

Two years ago when the developers were planning the project, it could have included community input, she said.

Instead, the developers chose to proceed behind closed doors, she said.

Whether the Webbs and the city will agree to partner on the project for tax-increment financing, Goodwine said, “is another source of controversy.” That financing, known as TIF, is a powerful tool for using tax revenues to help redevelop blighted areas.

Woodford Webb called the decision “bitter­sweet.” He said he felt for Goodwine in having to make a tough decision, “and for the community.”

“But we want people to come and enjoy this project,” he said. “I think it's definitely a step forward for the good of the community.”

Outside the courtroom, Hayward Wilkirson, a founder of Preserve Lexington, said he was disappointed in the decision because so many people had worked so hard. “We believed, down deep, we were right. I still think we are right,” he said.

“But at the end the day, we lost and they won. ... It's the project we're going to get, so we hope it's everything that has been promised to us.”