In a letter sent to Southampton residents, Mayor Parker says she is recommending that the city settle the lawsuit filed against it by the developers of the proposed Ashby Highrise. “Unfortunately, the city has no legal basis for stopping” the building from being constructed, she writes: “Even success in the courtroom in the City’s litigation against the developers . . . would not halt the project, since the developers would still be able to proceed with their current permit application, which mirrors that which the city was compelled to approve in 2009.”
Instead, Parker writes that the settlement will allow the city to “ensure some control” over certain aspects of the multi-story residential tower: “It will also eliminate any possibility that the developers can build a project as large as that sought in 2007, or that the City may be subject to damages for its failure to approve that permit applications, either of which can happen if the City loses the current litigation.”