Conway claims NC developer failed to deliver on development of city’s riverfront property
The city of Conway is suing a North Carolina-based developer for failing to deliver on a major development plan for the city’s riverfront district.
The city filed a lawsuit March 7 against Genford Development and Neill Law Firm in Surfside Beach, which was acting as the title company in the land transaction.
Genford Development spent years in talks with the city on how to revive four properties along the Waccamaw River. Developer Stephen Fitzpatrick told The Sun News at the time that he envisioned a five-story, 50-unit condominium building with Main Street retail in one spot and a brew house/distillery concept with rooftop patio seating at another.
A message left for Fitzpatrick was not immediately returned.
Mark Neill with Neill Law Firm said that the only reason his firm is named in the lawsuit is because of the escrow money. However, he can’t release the money without a court order. He declined to comment further on the suit.
The city has been working for years to boost its riverfront district, adding restaurants and other amenities to attract people to the area. That includes its Riverwalk, where the city focused on building out greenways and paths.
The city and Genford entered into a real estate purchase agreement on July 13, 2021, for two tracts of land along the city’s Riverfront. Genford paid a non-refundable earnest money deposit of $25,000 to the title company, according to the suit.
The property was .67 acres at 320 Kingston St., and .37 acres. The total purchase price of the property was $275,000, according to the suit.
Genford obtained general design and aesthetic approval from the city’s Community Appearance Board for the project, but otherwise failed to apply for or obtain any other necessary licenses or permits to have its final plans for development approved, the suit said.
Because of failure to submit final plans for the property for nearly two years, the city notified Genford and the title company by written notice that they were terminating the contract on May 3, 2023. The city requested the earnest money to be returned, however, it was not despite numerous requests for Genford to authorize the title company to do so, the suit said.
The city is claiming breach of contract and is asking for the earnest money, as well as legal and other related costs.
