Pinnacle Pointe suit may be out

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By Cindy Simpson

An end to a six-year-long battle over who owes whom between the city of Harriman and shopping-center developers may soon come to an end if a Harriman official has his way.

Harriman officials will discuss Tuesday whether to drop litigation against Prestige Land Co.’s Jerry Duncan and Steve Kirkham, developers of Midtown’s Pinnacle Pointe shopping center.

“We need to get the thing settled and quit fooling around,” said Harriman City Councilman J.D. Sampson, who placed the matter on the Council’s agenda for its meeting starting at 7 p.m.

Sampson said he’s heard the developers will drop their initial lawsuit if city officials agree to drop theirs.

“We talked about it some in a workshop,” he said. “We are going to bring it up and maybe put it to a vote.”

City officials and Pinnacle Pointe developers became embroiled in the tug-of-war over money spent for site work at the shopping center in 2007, when a state audit reviewed receipts and determined the city spent $234,685 on private development.

Both sides filed suit. Each has said it could be owed millions of dollars.

Sampson, who owns parcels in Midtown that he’s been trying to sell, believes “forgiving and forgetting” would be best for everyone.

“I think it would just be better for the whole Midtown area,” he said. “When the lawsuit (was filed), everything kind of went flat. We need to get it built up. We need to get it going on with Midtown area.”

The city has begun measures to condemn an embankment in order to extend Pinnacle Drive, a roadway contested in the ongoing litigation.

City Council previously toyed with again trying mediation with the
parties involved, including Duncan and Kirk-ham.

However, at that time city attorney Harold Balcom recommended waiting until the depositions were complete.