The Palm Beach Post

Lawsuit over 1927 school is dismissed

Boynton mayor says he’s ‘ecstatic’ over judge’s ruling.

- By Alexandra Seltzer Palm Beach Post Staff Writer aseltzer@pbpost.com Twitter: @alexseltze­r

BOYNTON BEACH — A lawsuit filed three years ago by a developer against the city over a plan to redevelop the 1927 historic high school has been looming over the commission­ers’ heads for years — and it’s over.

Lake Worth architect Juan Contin planned to build an events and destinatio­ns center at the school on Ocean Avenue, but the commission­ers voted it down. Contin, through Boynton Old School Partnershi­p LLC, accused the city of breach of contract, and filed suit. Since then, nearly every time someone mentions redevelopi­ng the high school, this lawsuit is brought up.

Commission­er Justin Katz called it a “cloud of uncertaint­y.” Would the city have to pay millions of dollars to this developer?

“I think without need there was this fear or caution that if we made some sort of decision that it would have an implicatio­n on the case,” Katz said.

O n T h u r s d a y, C i r c u i t Court Judge Gregory Keyser granted the city’s motion to di smiss Contin’s third amended complaint. And he did so with prejudice, which means Contin cannot file an amended complaint again. The only option Contin has is to appeal.

Both Mayor Steven Grant a nd Kat z us e d t he word “ecst atic ” to define their reaction on Friday.

The dismissal of the lawsuit comes at a time when the city is again planning to redevelop the school as part of the Town Square project. The city plans to do so through a public-private partnershi­p and recently sent out a request for proposals for interested parties to come forward.

“I feel that Boynton Beach is going to be better in the future because now Town Square will not have any sort of doubts that the city still owns the old high school and will not have to pay out millions of dollars to a plaintiff,” Grant said.

Town Square i s a fourblock, 17 acre area adjacent to Boynton Beach Boulevard east of Interstate 95.

It’s to be developed as the city’s downtown. Commission­ers decided redevelopm­ent proposals must have the high school saved in some way. Also, a new 50,000-square-foot City Hall and green space should be included, and the library and Schoolhous­e Children’s Museum and Learning Center are to remain there.

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