EDWARDSVILLE – The City of Highland is suing property developers for allegedly mishandling the new Carbay Crest development, which was annexed into the city in 2018.
The City of Highland, Director of Public Works Joe Gillespie, Director of Department of Community Development Breann Vazquez and City Manager Chris Conrad filed the lawsuit in the Madison County Circuit Court against Mettler Development, Jason Mettler, Netemeyer Engineering Associates, Inc., Patrick Netemeyer and Clifford Huelsmann, citing breach of contract.
According to the lawsuit, the City of Highland passed a resolution on May 21, 2018, approving an annexation agreement with Carl Mersinger and Mettler Development. Under the resolution, the defendants agreed to develop the new Carbay Crest development into a subdivision following its annexation into the city. As part of the agreement, the defendants were responsible for constructing sidewalks throughout the Carbay Crest development, which they have allegedly failed to do.
On June 18, 2018, Highland City Council approved the Carbay Crest Preliminary Plat from the defendants, which contained a road connecting Carbay Crest to Sportman Road. A following improvement plan approved by the city council added a second road, but the city claims the defendants included the second road on the plan just to get the project started. The city claims the defendants never had any intention of building the second road. The city adds that engineering and surveying for the development and construction in regards to drainage calculations are erroneous and legally insufficient.
The plaintiffs are seeking a judgement ordering the defendants to pay the city the costs to fix the infrastructure damage to the development, estimated to cost between $500,000 to $1,500,000, plus interest, court costs, attorneys' fees and any other relief the court deems proper. They are represented in this case by attorneys Michael P. McGinley and Tosha M. Childs of Lewis, Brisbois, Bisgaard & Smith, LLP in Edwardsville.
Madison County Circuit Court case number 2023LA000735