Warrant issued for developer - Coeur d'Alene Press: Local News

Warrant issued for developer

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Posted: Tuesday, January 31, 2012 12:15 am | Updated: 11:26 am, Fri Nov 16, 2012.

POST FALLS - Post Falls Landing developer Harry Green has a warrant out for his arrest, in addition to being sued and facing bankruptcy.

Kootenai County records show Green, 63, is wanted for failure to appear for selling alcohol without a license at the marina of the 33-acre, multi-use project on the Spokane River next to the Post Falls Dam. The Landing has been billed as an anchor for the city center.

Green's bond is $5,000 and the warrant was issued on Jan. 12.

"If he would be contacted today (by police), he'd be arrested and booked into jail," Post Falls Police Chief Scot Haug said.

Wanted persons also have the option of seeing a judge to "quash" their warrants through the court process.

Haug said Green and his attorney contacted him last summer about the charge.

"(Green) had some reasons (for not operating with a license), but I explained that a summons would still be issued," Haug said.

Green and his attorneys have declined to comment on matters regarding the project.

Liberty Bankers Life Insurance Company, a creditor on the Landing project, is suing Green, his wife Jann and his dissolved Spokane corporation, The Point at Post Falls, LLC, for $8.2 million.

The suit came after Green filed Chapter 11 corporate bankruptcy on Dec. 19, the morning an auction sale on the property was scheduled. The bankruptcy canceled the sale.

In the bankruptcy case, Green sought permission from the court to obtain attorney Ford Elsaesser for $375 per hour, attorney Bruce Anderson for $325 per hour and support staff $95 per hour to represent him.

However, Lukins and Annis, the firm representing Liberty Bankers, last week filed an objection, stating those rates are "excessive and not commensurate with attorney's fees in the District of Idaho."

"Debtor (Green) has set forth no explanation as to why its counsel is warranted in charging hourly rates that substantially exceed what the court has previously ruled to be reasonable in this district," the filing states.

A hearing on the objection, along with Liberty's request to determine whether Green will be considered a "single asset real estate" debtor, are set for March 13.

Liberty is trying to prove that Green is not a single asset debtor, which would remove protections from creditors and allow them to try to liquidate the assets to get paid.

Lindsey Simon of Lukins and Annis declined to comment on Monday.

Post Falls Landing has been in the works for 10 years, but only two condo buildings and the marina have been built. Retail shops, a hotel, an amphitheater and more residential units are also part of the plan.

Some condo owners said they are upset that a garage has not been built as Green indicated would be and their property values have declined due to slow activity in the project.

The Post Falls Urban Renewal Agency also reimbursed the project about $1.5 million for infrastructure improvements such as streets, lights and curbing in hopes of sparking development in the city center. The agency paid the lending bank, not Green, for the cost.

Another pending issue with the project is a quarter-acre land swap proposal between Green and the city that has been in the works since 2007.

The city owns property where tanks to the marina's gas station sit. Green, meanwhile, has a similar-sized parcel that has a view of the dam that the city is interested in for a park area.

Eric Keck, Post Falls city administrator, said the city is trying to work with Green's attorneys and the bankruptcy court to get the exchange finalized.

"However, I am not sure if we will be able to do this or not as I have not heard anything back," Keck said. "I provided them with the agreements related to the exchange."

City officials said they are uncomfortable subsidizing private enterprise and are frustrated that a permit for the tanks on city property was issued because no one from the city signed off on putting tanks in there.

Mayor Clay Larkin signed the documents earlier for the swap, but Green didn't.

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  • concernedcitizen posted at 12:24 pm on Thu, Feb 2, 2012.

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    I'm just sayin as well. "NATIONAL BUILDING CODES" are, ------ wait for it --------- NATIONAL. Same with electrical, mechanical, plumbing, etc......... Shoddy construction and design is the fault of the developer, NOT the city.

    To many (cough cough) "DEVELOPERS" saw that the good ole boys here were sellouts and took advantage of the local sellouts leaving those of us that actually live here pick up the slack through higher taxes.

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  • just-sayin' posted at 9:50 am on Wed, Feb 1, 2012.

    just-sayin' Posts: 3

    It really amazes me how people can comment on a news article and think they know the whole story by just reading the article... When the truth is that they are only reading a story by someone sitting at a desk typing away on their keyboard. Yes, there is some truth to the story but all of the facts and situations are never clearly explained. You all see a man who was developing a piece of land, a city who gave him (or his lending bank) money for streets and such... You are clearly missing the whole story. This property sat untouched for many years because of the time and money that went into cleaning up the old mill site. Here is a man who say a vision and put his whole life (and all of his own personal capital) into this project. He cleaned the site, and made it usable again... The article never tells how much sweat and blood went into this project up to this date, and of course the article is NOT going to tell you how much the city of Post Falls fought Mr. Green along the way because he didn't want to play by their "unspoken" rules, it also doesn't tell you how much Mr. Green was willing to donate to the city of Post Falls to make this a community project. So, let me sum up the parts that are missing in this article...

    1. Mr. Green took a piece of unwanted land took and cleaned it up to make a piece of very valuable property.
    2. Mr. Green is not a part of the "good ol' boys" club and doesn't want to be.
    3. Never mentions how much of his own life, money and blood he invested in this project.
    4. The reason it is taking so long to finish this project and complete certain promises made to the tenants is the fact that Post Falls is putting up some serious red tape... why you ask?
    5. Oh, and did you miss the part where they DIDN'T mention that the reason Post Falls is so upset is the fact that Mr. Green did file bankruptcy to stop the auction of his land.. which Post Falls had planned to buy up at a fraction of the cost.

    Oops... I guess we miss that last part didn't we... some is sitting an office saying we can get this piece of land at a fraction on the cost if we just screw with this guy and wait a few years... GO URD GO!

    Sorry Post Falls.. this piece of prime land belongs to Mr. Green for now.. and yes, you are going to have a hard time taking it from him.. he is not going down with a fight!

     
  • Jeffrey Wherley posted at 10:52 am on Tue, Jan 31, 2012.

    Jeffrey Wherley Posts: 3969

    Little late to try and slam the barn door shut, The horse is out and the damage is done. It was pretty much to late the minute after the URD was formed. The URD allowed it to happen, this developer is just the pawn they pushed this time. Post Falls is just lucky their URD is less influential than the LCDC is, a few million is easier to fix than the hundreds of millions they are throwing down the drain.

     
  • JonnyQPubic posted at 10:31 am on Tue, Jan 31, 2012.

    JonnyQPubic Posts: 325

    "You're fired!"

     
  • JoeIdaho posted at 6:45 am on Tue, Jan 31, 2012.

    JoeIdaho Posts: 2841

    Another idiot that should go to jail, stupidity what he was "developing".

     
  • NoName posted at 6:03 am on Tue, Jan 31, 2012.

    NoName Posts: 253

    Like most builders and developers he seemed to have been very under capitalized for a project this size...

     
  • DeNiles posted at 5:25 am on Tue, Jan 31, 2012.

    DeNiles Posts: 2450

    More of these hight density upscale URD residential developments have tanked than have succeeded. They all seem to have the common denominator of being exorbitantly over priced. The 'Landing' had the added notoriety of being ugly as well. $700K waterfront 1000 square foot condos and no garage and no hope of a completed development. Sounds like expensive urban blight. Did the city make this guy purchase a project completion surety bond? I' a guessing 'not'.

    Mayor Larkin just sent out some city survey looking for ways to "cut the budget". Wonder if he misses that $1.5 million now.

     
  • immortal posted at 4:42 am on Tue, Jan 31, 2012.

    immortal Posts: 258

    With Green's obvious qualifications he could be one of the Idaho legislators. He'd fit right in.

     
  • Jeffrey Wherley posted at 4:24 am on Tue, Jan 31, 2012.

    Jeffrey Wherley Posts: 3969

    This is a typical result when reward driven development of Urban Renewal District Planning is used. Most URD project turn into a bigger blighted area than they started out to fix. Once the URD money is issued the project ends and the bankruptcies and court battles begin.

     
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