The Park West Gallery Class Action Lawsuit is one of the most interesting cases I have ever seen. It revolves around a Park West, Utah based home builder who apparently used illegal methods to build his projects. I will give you the low down on this class action lawsuit and why it may interest you. If you are interested in learning more about this lawsuit and what it is all about, feel free to read this article. I will also touch on what you can expect from this lawsuit and how it may impact you.
Park West Gallery Class Action Lawsuit
A few years ago, a dispute arose concerning the building of a condominium in Park City, Utah. A resident of the neighborhood was not pleased with the design of the development and requested that the developer be forced to take additional steps to make his building comply with local ordinances. The developer refused and has never built a similarly styled condo development anywhere in the world. After a brief investigation, the Utah County Grand jury found in favor of the resident and brought this issue before the Utah County Court.
The developers argued that they had the right to build the buildings as they saw fit, but the Utah County Court disagreed, stating that the developer had not taken into consideration the effects of their own actions would have on the development.
In short, they determined that the building was too tall and built on too steep an angle, which increased the amount of cost associated with the construction. The Court held that the developer was legally required to take several steps to mitigate the negative impact of his building on the neighboring community. These actions were also required by law, even if the developer didn’t feel he had any obligation to do so.
Why is this relevant to you?
Well, if you currently have or are thinking about purchasing a Park West, Utah condo, you may be wondering how to proceed in this matter. The Park West Gallery Class Action Lawsuit details exactly what the developer must do and how. In a nutshell, if you are a current or future resident of Park City, you should be aware of the courthouse’s requirement that a developer make adjustments to his building plan in order to “afford” to build there. This requirement is in place to ensure that the residents of Park City receive reasonable access to shopping, residential homes, and commercial properties within driving distance.
Unfortunately, there are a great many property owners who do not understand this requirement, and believe that the developers are in breach of the contract when it comes to their right to develop a certain piece of property.
Without question, this contention is certainly based on the fact that they are only interested in profit and will seek any means to achieve that goal. The Utah County Court found that the developers did not follow legal procedures to ensure compliance with this requirement, and without that adherence there is no reason why the property owners should have any expectation of having their rights respected. What makes this case different from those in other states where the same litigation has occurred is that the developers actually took the time to adjust their plans and bring them into compliance with the law.
One thing that is abundantly clear from this lawsuit is that Park City is unhappy with the outcome of this lawsuit, and the plaintiffs are not the only ones who are frustrated with the way the case has been handled.
While there were certainly mistakes made in the construction of some units, it is important to note that Park City was not the party responsible for these errors, but rather a contractor, builder, etc. All of the property owners involved were well aware of the problems with the development prior to construction even commencing.
The fact that the developers took no responsibility for their actions is precisely why there was a need to ensure compliance with legal requirements in the first place. Needless to say, once this matter was finally settled, the Park City residents had every right to file a lawsuit against all of the defendants.
