Case to condemn land moves forward

The company bought the property for $6.5 million in 2005. Frederick’s Planning Commission had approved construction of 158 townhouses on the property, part of a 645-home plan to be built by Pleasants Development of Clarksburg.

The city is seeking to instead use the land as a regional park. Its plans include substations for police and public works personnel, as well as improvements to the intersection of Butterfly Lane and Md. Route 180.

In her decision, received by City Hall Monday, Adams denied Hargett Farm Development’s request.

She stated the company’s claims — that the city was not specific enough in its intent for the land and that the city failed to negotiate a fair appraisal — were not sufficient to dismiss the case.

At a Jan. 16 hearing, the city’s appraisal was disclosed as $14 million; Hargett claims the land is more likely valued at $90 million, given its development potential.

The city has so far allocated $23 million for the park project, including the cost to purchase the land.

‘‘Ultimately, fair compensation is an issue to be decided at trial,” Adams wrote in her six-page decision.

Mayor W. Jeff Holtzinger (R) said on Wednesday that he was pleased with the decision and ready to move forward with court proceedings.

‘‘I’m happy we still have an opportunity to get this property as a park,” the mayor said. ‘‘There will be other issues that arise before trial, but this at least lets us get a trial date ... We feel we have given our reasons [to condemn the land] and it will be an interesting case, for sure.”

In an e-mail to The Gazette, Jerry Connelly, senior vice president for Pleasants Development, agreed that the trial will feature more disclosures.

‘‘Judge Adams ruled that the city’s appraiser did not comply with the eminent domain statute, but that it did not matter because the statute was advisory, not mandatory,” he wrote. ‘‘At trial, the city will still have to prove fair market value, and at that time, it will not be able to ignore a recent sale of an almost identical property [131 acres in Clarksburg] for $79.4 million.”