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Real Estate
Breach of Contract
Breach of the Implied Covenant of Good Faith and Fair Dealing

Epicenter Partners, LLC, an Arizona limited liability company; Gray Meyer Fannin, LLC, an Arizona limited liability company v. Northeast Phoenix Partners, an Arizona general partnership; Desert Ridge Community Association, an Arizona corporation, and NPP CityNorth, LLC, a Delaware limited liability company

Published: Aug. 14, 2010 | Result Date: Jul. 27, 2010 | Filing Date: Jan. 1, 1900 |

Case number: LC2007-000011 Verdict –  $110,659,000

Court

Maricopa Superior


Attorneys

Plaintiff

Nicholas B. Melzer

Benjamin A. Gold

Jonathan M. Weiss
(Kirkland & Ellis LLP)

Rachel S. Weiss

Barry R. Ostrager

Michael D. Kibler
(Kibler, Fowler & Cave LLP)


Defendant

Edwin P. Aro


Facts

In 2004, plaintiff Gray Development Group acquired a 41-acre parcel of land located in a master-planned community called Desert Ridge at a state auction for $32 million. Defendant Northeast Phoenix Partners, an entity controlled by the Thomas J. Klutznick Company of Chicago, was the master developer of the Desert Ridge community and the developer of the neighboring CityNorth project.

Gray Development Group sued Northeast Phoenix Partners, alleging breach of contract, breach of fiduciary duty, breach of the implied covenant of good faith and fair dealing, and tortious bad faith breach arising out of the master developer's efforts to delay and ultimately scuttle Gray's development project.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiffs contended that Northeast Phoenix Partners abused its powers as master developer to block Gray's development efforts between 2004 and 2007 in order to protect its neighboring CityNorth development. Plaintiffs presented documents and testimony that showed that the Klutznick organization leveraged its close relationship with a prominent Phoenix City Councilwoman to block Gray's zoning case.

Result

The jury found in favor of Gray Development on all counts and awarded the company $110,658,800, representing the entire amount of Gray's claimed damages.


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