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
Jonathan M. Weiss
(Kirkland & Ellis LLP)
Michael D. Kibler
(Kibler, Fowler & Cave LLP)
Defendant
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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