Damage claims dismissed in swim club owners' suit

June 01, 1994|By From Staff Reports

Middlebrooke Swim Club owners George F., Timothy and Linda Grogan are scheduled to take their request to build houses on the swimming pool property to court this month. But if they win, Westminster city government won't be paying damages or their lawyer's fees.

Carroll Circuit Judge Francis M. Arnold dismissed claims yesterday for $141,320 in damages plus attorney's fees from the lawsuit filed by Macro Management Inc., the development corporation owned by George Grogan, his son Timothy and Timothy's wife, Linda.

The judge's ruling pares the lawsuit down to the Grogans' request to overturn the Westminster City Council's refusal to change the property's use designation from recreational to residential.

The council's decision in July stopped Macro Management's plan to fill in the swimming pool and build four houses on the site. The Grogans closed the pool in 1991, saying they could not operate it at a profit.

"We're certainly pleased on behalf of the city that a damage claim that should not have been in this case has been dismissed," said attorney B. Darren Burns, who represented Westminster.

E. Suzan Miller, lawyer for the Middlebrooke Homeowners Association, expressed similar sentiments.

John C. Murphy, who represented Macro Management, could not be reached for comment yesterday.

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