Metro-east city suing developer for allegedly failing to deliver on proposed amenities

Highland has filed a lawsuit against property developers over the new Carbay Crest residential development, alleging they have failed to follow through on their agreements with the city.

Carbay Crest was annexed into the city in 2018 under an agreement with Carl Messenger and Mettler Development. The subdivision was to include sidewalks throughout the neighborhood and a second road connecting the development to Sportman Road, according to the suit.

However, neither the sidewalks nor the second road have been built. The city also alleges that engineering and drainage plans were erroneous.

City Manager Chris Conrad said city officials do not comment on pending litigation, but clarified that this lawsuit follows Mettler Development suing the city. In 2021, Mettler Development filed against the city and specific city officials over the requirement of the second road, which city officials believed was necessary for emergency access.

In a judgment on that suit, the court ruled in the city’s favor, and stated that it was clear Mettler never intended to build the second access road. At a city council meeting in 2020, Mettler “informed the city council it included the second access road in the preliminary plat only to appease city staff in order to get the project started,” according to the court documents.

Moreover, the document states that city officials have broad discretion in matters of public safety, and the city’s planning and zoning administrator, director of public works, director of light and power, and emergency services chief all voiced strong opposition to removing the second access road.

In emails provided by the city, Jason Mettler referenced “simple minds of the council” and accused them of trying to cause conflict.

The city is asking the court to order Mettler to pay the city the costs of infrastructure damage, estimated between $500,000 and $1.5 million, plus costs. The case was filed earlier this week in Madison County Circuit Court.

Conrad confirmed that Phase I of the project has been completed and Phase II is mostly done.

“Phase III is what is in limbo because he wanted to move the second road from Phase II to Phase III and then applied for Phase III with no road,”Conrad said. “So his current Phase III proposal has not been approved by the city.”

When reached for comment, Mettler said that “this one of Highland’s best ever when it comes to throwing taxpayers’ dollars; hundreds of thousands they have wasted.”