Developer pulls out of 25th Street Station

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A year after vowing to fight plans for its ouster in court, the developer of the proposed Wal-Mart-anchored 25th Street Station in Remington says it is abandoning the project.

Caroline Paff, the project manager for WV Urban Developments LLC, sent an email to Remington residents blaming continuing legal challenges for its decision to end the project.

“As you are well aware, the project has been the target of numerous appeals and filings by opponents which have delayed the project for years. While every decision issued by every administrative body and every court has been in favor of the project, these appeals continue today and have contributed to an environment sufficiently uncertain that the relevant parties are unable to reach the agreements necessary for WV to continue,” Paff wrote.

A group of Remington residents filed a lawsuit in Baltimore City Circuit Court earlier this month arguing the city’s Planning Commission didn’t have the authority to approve a revised plan for the development. The lawsuit alleged the commission had the ability to approve minor amendments to the proposed $65 million project’s planned unit development, but what was previously approved required the City Council and mayor’s approval.

“The issue here is that the citizens are concerned that the city follows the law. That’s the main focus of this lawsuit, that they should adhere to the law and follow the procedure that’s been adopted,” David Lynch, the residents’ attorney, said at the time.

That lawsuit was one of several opponents of the development filed against the project. In fact, Jon Laria, the developer’s attorney, postponed a hearing before the Board of Municipal and Zoning Appeals in March because only three members were present, and Laria was concerned the residents would challenge the board’s decision on that ground.

“We have a very strong case on the merits for this extension, and there’s really no point in adding a procedural hurdle to it,” Laria, of Ballard Spahr LLP, said after the postponement.

Judith Kunst, a Remington resident who has supported the project, expressed disappointment it was not happening, and concern that the traffic improvements tied to the project would not be implemented unless someone takes over the planned unit development.

“It’s a shame because we need responsible redevelopment, and a need for jobs for our city residents. This project, people became focused on one part of it, and they should have focused on the fact that it was a PUD with a huge traffic matrix that citizens sat and worked on for more than a year,” Kunst said.

Councilman Carl Stokes, who represents the area, said he was approached by Rick Walker, principal with WV Urban Developments, who said he was pulling the plug on the project. Both men are in Las Vegas for the International Council of Shopping Centers convention in Las Vegas this week. Walker told Stokes he plans to meet with Seawall Development Co., which has built projects such as Millers’ Court in Remington, about its interest in the property.

“I think, frankly, Mr. Walker’s advisers advised him differently than I would have in terms of talking to the community. I don’t think we would’ve had a protracted drawn-out court situation, frankly, but I think whatever their strategy was — I’m not telling them they made the wrong calls — I just think they could’ve done it differently,” Stokes said.

The project has been through a series of redesigns since the City Council and mayor approved the planned unit development needed to build the development in 2010. In 2011 Lowe’s, a North Carolina-based home improvement chain, which was initially supposed to be the second anchor tenant, pulled out of the project. That move came as litigation regarding the size of the project was filed, but also as Lowe’s was closing stores in struggling states.

The site, at the intersection of 25th and Howard streets, was the home of Anderson Honda before the car dealership moved to Hunt Valley. As progress stalled, Anderson owner Bruce Mortimer filed a breach of contract action against WV Urban in March 2013. That May, Mortimer announced plans to replace WV Urban with another developer, Seawall Development.

Walker and WV Urban fired back with a demand for a trial in the case, saying they were “ready, willing and able” to perform. The two sides settled the action last year and WV Urban remained on the project.

The original plan allowed for 2.4 million square feet of development including 337,568 square feet of retail, 70 to 80 apartments and 1,027 parking spaces. But last year the Planning Commission approved a plan that increased the space of the Wal-Mart to include a garden center and eliminated a parking garage that was included in the plan.