The developer of the project that is key to reviving West Atlantic Avenue has sued the Delray Beach Community Redevelopment Agency.
BH3, which the CRA board chose in April 2019, alleges breach of contract and is seeking “substantial damages in the millions of dollars, resulting from expenditures, past and present, loss of potential profits, loss of reputation and diminution of its brand value.”
In essence, BH3 contends that the CRA board has refused to recognize the impact on the project from the COVID-19 pandemic. The company submitted its plan in February 2020, one month before restrictions kicked in. “They seem not to understand,” said BH3 Co-Founder Gregory Freedman.
The project, which BH3 calls Fabrick, would go on the three blocks east of the Fairfield Inn. The centerpiece would be a Publix. Putting a chain grocer in the food desert of West Atlantic has been the CRA’s priority for the site.
The lawsuit comes just before Delray Beach’s election, which is Tuesday. The results could change the makeup of the CRA board.
I’ll have much more on this next week.