Abbutters Lot Dispute

Back on June 7 2006 I received a letter/application from the city stating that the vacant lot owned by the city was being offered to the abutters. There is a program with criteria with a point system at which I was informed by my current attorney that I fit the criteria best (residential over commercial). In comes the problem the other abutter is a community bank. I would imagine that the bank having a bit of political influence some how got the city to agree to allow us the abutters to work out an agreement for splitting the lot.

Many efforts were made on my part via my attorney who I felt wasn’t working 100 percent in interest. The bank did make an offer, it was to purchase the entire lot and allow myself rights to park but this was denied. My goal was to create a parking area for my multi family residential property to accommodate all inhibitors. From the beginning I made myself clear that I was only willing to allow the bank approximately 10 feet allowing them a large enough area to expand their drive through to two lanes.

Talks ended in August and went through the holidays till about January 19, 2007 when I received a letter from my attorney stating that she hasn’t heard anything from the bank and whether I wish to pursue it or not to which I responded yes absolutely. On February 1, 2007 another letter was sent to the bank informing them that I was desirous of the property and still hasn’t heard anything from them.

February 15 after brief discussions with my attorney and the bank my attorney typed out a memorandum of understanding laying out “some” agreements and sent it to the banks attorney (without me proofreading). It was never returned from the bank with a signature as requested and never signed or agreed by me. In the meantime a newspaper article gets published informing the community that this particular bank will be selling to a much larger chain.

All of February then March then April arrive. Approximately one year since we received the initial application so now I take it upon myself to go back to the city (tax Title Attorney) and ask for assistance. They call my attorney and discuss the issue with her and then attempt to notify the bank and give them at least a week grace to respond (maybe even two not sure). After a couple of weeks I receive a letter from the city awarding me the entire lot then it was signed sealed and deeded.

Well to make a along story short …. After refinancing hiring contractors work commenced in June as soon as the contractors arrived I received notification from my attorney that I am being sued and if it were to go to court she can no longer represent me because she now becomes a witness.

Is there anything I did wrong?

Should they be suing the city, and am I being bullied?

Whats the chances they will win?

Any advice would be great…Thanks.

[annjd]

Have a second lawyer review the entire file. Not sure if that lawyer is correct given what you say here. We don't see that you clearly made any error here...have you spoken with counsel that filed the suit?

Actually no suit has been filed at this point... Just threats. I have refrained from speaking with anyone at this point im waiting for the actual complaint to seek a second opinion.

Im just trying to get a feel of which direction to go. I have much home improvement in the works at this time (upwards of 60,000) and honestly I cant turn back now.

Please any and all opinions will help. i will honor any questions.

Thank you