ACRES May Have A Chance
Posted by Scott Spaulding - 6/17/08 @ 1:39 pm - Filed Under Local Politics
Deciding the fate of Canyon Cliffs (News-Sentinel)
Developer Mike Thomas is scheduled to meet with ACRES land trust staff Wednesday to discuss selling 139 acres to the group instead of dividing the land into 28 high-end residential building lots.
ACRES, which manages 40 nature preserves in northeast Indiana, often receives donations of land or buys them for a fraction of their likely sale value. In this case, ACRES isn’t anticipating any price breaks.
“We’re thinking it’s going to be a fair-market-value price,” said Executive Director Jason Kissel.
The meeting between ACRES and Thomas is scheduled the day before the Allen County Plan Commission is supposed to decide on two key questions. The answers would advance or hinder development plans for the controversial Canyon Cliffs project, which resulted in 7 1/2 hours of public hearings last week.
When ACRES meets with Thomas, one subject high on the group’s agenda is learning exactly what stake development companies hold in the land. Kissel said he is under the impression that prospective developers have some ownership stake in the land, which is located amid hundreds of acres of land held in nature preserves.
Thomas said this morning no company has any ownership in the land but that Oakmont Development III LLC, the company that would develop Canyon Cliffs and for which Thomas is an agent, has a contract arrangement with Bodenhafer.
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Concerning the Mike Thomas meeting with ACRES Land Trust tomorrow discussing the possible sale of the proposed land to ACRES: Although this is optimistic and welcomed news one has to wonder whether if it is just for some positive PR for the developers after so much negative public outcry last week and before the vote by the Allen County Planning Commission a day later. Thus showing that they attempted to work with the ACRES offer or if this is a genuine action taken by Mr. Bodenhafer and his wife with sincere interest in preserving this land after hearing the conscience of the community and a willingness from ACRES to provide such a solution.
It will be extremely interesting to hear the follow up reports concerning this meeting and the facts surrounding it.
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It should also be noted that since Coldwater Estates LLC was formed ( February 2008 ) between Charles Bodenhafer, Sharen Bodenhafer and Oakmont Development Company III LLC (Mike Thomas associates) and since Mike Thomas along with the legal team were present at the June 12th meeting, one would easily assume that Mr. Bodenhafer’s direct interests were being directly represented during the meeting also, even given his absence, due to this partnership and representation by his business partner (Coldwater Estates LLC - Oakmont Development - Mike Thomas) and the legal team. One would also assume the legal team is the same legal team or law firm that represents Coldwater Estates LLC. Tom Niezer the Oakmont attorney from Barrett & McNagny LLP, area of practice states “Concentration in real estate law, land use planning and real estate finance law, with a dual emphasis in commercial transactions and residential real estate development, sales and purchases” so its not hard to imagine that Barrett & McNagny LLP would also be the legal representation of the Coldwater Estates LLC partnership. But even if they are not, its very hard to imagine Mr.Bodenhafer’s interests were not being directly represented during the meeting even in his absence due to this partnership and the presence of Mike Thomas, Mr. Bodenhafer’s business partner. Its hard to not question the issue of “conflict of interest” concerning these two issues being decided upon by the Fort Wayne, Allen County Planning Commission.
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Charles and Sharon Bodenhafer Legacy — ACRES Land Trust offers to buy land
An opportunity to last a lifetime and beyond:
Mr. Bodenhafer and his wife, have an opportunity to do something that will benefit all of Allen county and the surrounding areas — that is an opportunity of preservation by capitalizing on the ACRES land trust offer to purchase this land and preserve it for generations to come.
Instead of a questioned financial gain resulting in a housing edition (which would surely bring further development in the future) nested along side many natural preserves. Mr. Bodenhafer and his wife have an opportunity to make an impact for the community and for generations to come with this offer.
Would not a legacy of “Charles and Sharon Bodenhafer Nature Preserve” be a more telling story for both the community and their own personal legacies, than a lingering development riddled with questions of conflict of interest within the Allen County government and Fort Wayne politics?
Please Mr. Bodenhafer make the correct decision, for yourself and the community which you have so adamantly chosen to serve. You have an opportunity and your decision will reflect upon both yourself and your beloved community for which you serve for generations that follow.
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http://save.cedar.creek.googlepages.com/home
I’m not sure a deal can be made here. Yes it’s a cynical outlook but I have a couple of reasons for this I’ll detail later…
Perhaps it would be better to voice and detail them now, before tomorrows meeting…..
http://save.cedar.creek.googlepages.com/home