HOME | CONTACT | WRITE TO THE EDITOR | WORK AT C-VILLE
cville.acac.com
 
Issue #21.09 :: 03/03/2009 - 03/09/2009
Seeking escape, Minor sues Danielson over Downtown hotel project

Danielson calls lawsuit “more Halsey smoke screen”

BY WILL GOLDSMITH

Halsey Minor, the former local boy who made a fortune in California during the dot-com boom, has made quite a name for himself during the past year for his involvement in numerous squabbles and lawsuits. So it comes as little surprise that Minor has (you guessed it!) filed suit against Lee Danielson, his former agent on the 100-room boutique hotel project that’s come to a standstill on Charlottesville’s Downtown Mall.

Lee Danielson (left) and Halsey Minor during happier times.

In a suit filed in Charlottesville Circuit Court February 20, Minor accuses Danielson and the project’s lender, Specialty Finance Group LLC, of eight counts of various forms of fraud and breach of contract.

Specifically, Minor alleges that Danielson colluded with the lender “and actively concealed the fact that the construction budget was not realistic until after the construction loan closed and Halsey Minor was personally on the hook for the cost to complete the project.”

He’s seeking $100,000 in compensatory damages, $350,000 in punitive damages, and whatever else he could get out of a trial. But most significantly, Minor wants out of his obligations to the hotel project, asking that he be released from the development agreement, the construction loan agreement and a restaurant lease that he had set up with Danielson for a high-end food joint to be called “minor’s.”

“It’s just more Halsey smoke screen,” Danielson tells C-VILLE. He points to numerous other lawsuits that Minor is involved with. “This lawsuit is fantasy land.”

He is currently embroiled in several other lawsuits. Auction house Christie’s is suing Minor for breach of contract, negligent misrepresentation and fraud, while Minor is suing Christie’s for breach of contract, fraud and various other complaints. The two disagree about whether Minor actually owned several artworks that he had Christie’s shop to a prospective buyer, and whether Christie’s was in the wrong for holding on to the artwork for several months.

In the fall, Sotheby’s auction house sued Minor for not paying $16.8 million for artwork bought at an auction. Minor countersued, but his case was dismissed in January.

Multiple media outlets report that Minor recently sued the owner of Florida horse racetrack Hialeah Park, John Brunetti, as well as the city of Hialeah after his efforts to purchase the racetrack for about $22 million were rebuffed.

Danielson, who’s not without his own issues concerning previous business deals, had originally planned to build the Charlottesville hotel himself, and even went to the trouble of having architectural renderings drawn up and getting the project through the (oft times) arduous process of Board of Architectural Review approval. But apparently Danielson didn’t have the capital, and he sold the property to developer Oliver Kuttner for $3.7 million in 2006.

Minor first talked to Danielson about the hotel project at 200 E. Main St. in late 2006, according to the lawsuit, and hired him as his “agent” for the project in November 2007. Minor reimbursed Danielson $312,000 for the design costs, and bought the property from Kuttner for $4.5 million.

In March 2008, Minor signed a promissory note of $23.7 million with Specialty Finance Group, a subsidiary of Silverton Bank in Georgia, and kicked in another $1.8 million to the project, bringing his total contribution to about $6.7 million. Minor and Danielson held a festive groundbreaking gala that month.

“It’s going to be like nothing people have ever seen,” said Minor, detailing the fabulous designers and artists who would be involved. “I think we’re going to be catalysts for a whole other [retail] tier to come.”

Almost one year later, what Charlottesville sees now is a 100'-tall shell of a building. No workers have been documented on site for weeks, though city Neighborhood Development Services Director Jim Tolbert says that his office hasn’t been notified of an official shut down. Local attorney Steve Blaine, who identified himself as a spokesman for the project six weeks ago, did not return calls for comment.

Word leaked this fall that the project was in jeopardy. The lawsuit lays out Minor’s version of events, which includes his explanations of the contradictory information that floated around during that time.

In November, Minor told various media outlets (including C-VILLE) that work would be coming to a halt because of issues with the lender. But Danielson contradicted Minor’s account, suggesting that Minor was at fault and that work would not stop. Court records indicate that construction contractor Clancy & Theys put $3.1 million worth of mechanic’s liens on the properties on November 12, but that those were settled November 20.

The lawsuit details that Danielson informed Minor in October 2008 of millions in additional costs, additions that Minor claims should have been included on the original document. They included plumbing fixtures, fire protection, wood flooring and a penthouse lounge, as well as 11 other line items. About November 3, Danielson requested a change order of $5.2 million, according to the lawsuit. It’s at that point that communications splintered to the point that both took their competing versions of the story to the media.

Minor claims in his suit that Specialty Finance Group “continued to insist…that Owner maintain the outward appearance that construction was proceeding, despite Owner’s wishes to slow down construction.”

Minor officially fired Danielson in late November. The lawsuit claims that Danielson “continued to wrongfully hold [him]self out as an authorized spokesman for Owner and the Project,” and that January 29, he e-mailed various companies once involved with the project to try to arrange a conference call about payment.

“The e-mail made false and defamatory comments about Owner insinuating that Owner would not pay the professionals associated with the Project or view them as a priority,” claims the suit. Minor also alleges that Danielson didn’t cut ties with local PR firm Payne Ross when asked in July.

Danielson says he plans to countersue. “He just beat me to the punch,” says Danielson, declining to comment on the specifics of the case. “He’s got nothing he can stand on. The fact that he can’t pay any of his bills is the problem.”

City spokesman Ric Barrick says that while there isn’t much the city can do, “we don’t have any doubt that it’s going to get done.” The only city requirement is that the developers complete utility work on Second Street necessary for the Mall rebricking, and, according to Barrick, that work has been done.

“They’ve invested a lot of money in that already,” says Barrick, and even given the current economy, “you don’t walk away from that kind of capital investment.”

If the Landmark is left a shell, it certainly wouldn’t be the first in the world. In Krakow, Poland, a 300' tower started in 1975 is only now being completed—residents dubbed the building “Skeletor.” And in Austin, the federal government finally demolished the shell of an Intel building in 2007 after it sat untouched following the dot-com bust of 2001.

C-VILLE welcomes news tips from readers. Send them to news@c-ville.com.

 
Comments
Such a great idea, design, and location I hope it gets finished to help Charlottesville's downtown. Great article .... love your paper! J
James McHoneFebruary 27th, 2009 11:20am
I disagree completely that another luxury hotel downtown is a great idea. The plan was poorly crafted and financed and should not have been approved in the form it was presented. The city did itself and the public a disservice by trusting these fatcats and not insuring against exactly this eventuality. It's not the 90s anymore.
ChristopherFebruary 27th, 2009 02:05pm
I wonder if HARD ROCK CAFE would be interested in opening a hotel in charlottesville? Hmmmm...
DaveFebruary 27th, 2009 03:56pm
How about the Hard Rock-Blue Light-Pavillion-Zocalo-Mas-Enoteca-Mono Loco-Ten Hotel brought to you by Coran Capshaw. It's inevitable at this point. He owns everything else on the mall!!!
JeffFebruary 27th, 2009 04:51pm
Let me tell you, I am so ecstatic that Urban Outfitters may really be appearing on our downtown mall. Wonderful. Hotel. Main stream retail chains, what's next? Barracks Road - Downtown Mall branch??
WhitneyFebruary 27th, 2009 04:53pm
I agree with James - it's a shame that this project is on the ropes. I don't think we need more Coran owned buildings, though if he wants to step in and bailout the project more power to him. The reason that I'd rather see this hotel project under the control of someone else is that I think diversity of owners, businesses, goods, and services on the mall is a good thing. That way the mall can thrive as a public space for more people. For this very same reason, I'd glad to hear that Urban Outfitters is coming to the mall. The mall needs more anchor stores and offices. The mall has been dominated by small boutiques, and independent chains for a while, and it's great that these places could find a market. But in the long run, I don't think they're very sustainable. A few name brand stores, with some solid liquidity backing the bricks and mortar is a good thing. It will drive more people to the mall, and ergo into the mom and pops.
JakeFebruary 27th, 2009 05:13pm
Both of these men reek of charlatanism. I predict it will be years before we see that eye sore finished. In this case more is indeed Less. Joe Smith
joesmithFebruary 27th, 2009 07:09pm
Do you think we might be able to join in on some of this "SEWAGE" and try to blame these guys for poor fiscal decisions, and recoup our 7.5 million dollar rebricking expenses ? Can't we be victims too? Come on,PLEASE! When will the taxpayer be allowed to sue when they are robbed by some slick talkers in a shiny suits ?
PeteFebruary 27th, 2009 09:15pm
what we're seeing here is the effects of a horrible market on people that can't deal with a horrible market. the city should just take back the property, because these idiots are obviouslty inept. just release them of further obligation and they'll probably be happy to get out. then finish the building (which shouldnt be too expensive since its mostly done) and make it low rent housing for the elderly (fuck artists and fuck minority subsidies). old people need our help, and its nice for them since its walking distance to a cool area. well make money in a reasonable way and we'll amuse geezers.
jonFebruary 27th, 2009 09:42pm
at least part of it ought to become an international youth hostel
gloFebruary 28th, 2009 01:04pm
jake... umm, really? anchor stores? what... are you kidding? earth to jake: this isn't pentagon city mall or tyson's corner. just because it's called the "downtown mall" doesn't mean it's tyson's. this is a freaking downtown. keep your "anchor stores"--macy's, bloomingdales, norstrom's, or whatever the hell you're talking about--in woodbridge, reston or on 29 north. maybe you should go back there too, jake-a$$.
estesFebruary 28th, 2009 11:23pm
Charlottesville should seek a special exclusion (or whatever the proper term would be) from state law and get permission to have legalized prostitution on the mall. Buy the building, fix it up, bring bankers in to get a few special moments with high-end call girls. Revenue problems solved, recession notwithstanding.
SkeezixFebruary 28th, 2009 06:02pm
Maybe the city could buy it to store the perfectly good "used" bricks from the current waste going on. Whats next gold plated field goals?
HmmmFebruary 28th, 2009 06:32pm
Halsey seems to be a punk. Just turn the mess over to Oliver Kuttner and he will eventually get it straightened out and finished.
Nick DixonMarch 1st, 2009 12:59pm
Really Bill? What's the point of issuing 'permits' if you are obliged to grant them? The city did NOT have to allow the construction of this eyesore and doing so was a poor decision. Or perhaps you think the result of this decision is a good thing? I like Hmmm's idea. Store the tore up downtown mall's debris and detritus in the latest symbol of the city gov't's ineptitude. The city gov't got high on the good press c'ville was getting there for a while. When the NYTimes '36 hours in...' article was published, you knew it was all downhill from there. Charlottesville is not immune from the economic forces that is effecting the entire country and the city should have made wiser decisions.
Hmmmm2March 1st, 2009 07:01pm
Not sure why the "city" keeps taking blame here, or why "jon" would think they could "take back" the project. All they did was issue the building permit for what is essentially a by-right project on private land. It is not theirs to take back and they could not have prevented this even if they'd known about the inevitable personality clashes. If HM or LD came and asked for a permit for another (compliant) project tomorrow the city would have to issue the permit.
billMarch 1st, 2009 08:55am
Seriously, there has to be an angle here that a good land use attorney could exploit that would enable the city to have more of say in this matter. Undoubtedly, promises were made and this partially built structure will be an eyesore and detriment to the downtown mall for at least two or three years as the litigation drags on. Even if the city does not prevail, it will be a player with a seat at the table, and much is at stake here. We should look hard at what remedies other cities have pursued in similar situations, and with what results, rather than just site helplessly on the sidelines.
sue mMarch 2nd, 2009 05:32pm
Bulldoze it and make it a park. That way people can drive through the old McIntire park and enjoy this one downtown.
eadMarch 3rd, 2009 11:58am
It should stay empty, thereby fitting in with the rest of the downtown mall storefronts. What a bunch of luddites, these anti-growth kooks are. DM has more than enough coffee houses, purveyor of developing world imports and used book stores than a healthy. No wonder the place looks like an indoor-outdoor homeless shelter. the hotel -- and some national retailers -- would give downtown the energy and attractions it needs to keep from being a total blight on the city. Re-bricking is cheap, when thriving businesses can all pony up to pay the tab. Rebricking becomes an infrastructure boon-doogle when the do-gooders at city hall and the heads-in-the-sand hippie merchants are behind it.
Red StaterMarch 3rd, 2009 05:29pm
Hmmmm2: just saying that the city cannot withhold permits for by-right projects. What reason would they have for not allowing it? They do not get into (or know anything about) financial feasibility or developer's credit issues. It it meets the code it gets a permit.
billMarch 3rd, 2009 06:09pm
This project should not have been approved in the first place -- we've already got the Omni on the DM, we didn't need another hotel. I agree with sue m: the city needs to get involved in order to represent the needs of C-ville residents. Otherwise, our DM will go to pot while we all have to watch a drawn-out ping-pong match between two rich guys. These fat cats might even welcome being able to (legally) get out of this project if the city finds the parties which can make this into something useful -- retail, housing? As with our national economic fiasco (of which this is a local expression), only government is powerful enough to force a solution. Are there any city councilors or candidates who want to step up to the plate?
VirginiaMomMarch 6th, 2009 07:08am
Add another wrinkle - latest on the hotel's lender: http://www.ajc.com/services/content/printedition/2009/04/14/silverton0414.html http://www.bizjournals.com/birmingham/stories/2009/04/13/daily12.html
HmmmApril 20th, 2009 09:24am
Have your say
*
*
*
Your comment will be displayed after it has been reviewed by our editors. Please refer to our comments policy if you have any questions, or email editor@c-ville.com.
C-VILLE site search by Charlottesville's Best News and Entertainment
http://www.surveymonkey.com/s/7F3K73S
www.charlottesvilledermatology.com/
charlottesvillepavilion.com/
c-ville.com/index.php?cat=1990602080504511
www.secondstreetgallery.org
www.charlottesvilledermatology.com/
www.undertheroof.com/
www.eagleslandingva.com
Circulation VerifiedCopyright © 2010, Portico Publications
Copyright Info | Portico Corporate
Powered by PLANet w3 CMS Content Management System
PLANet Systems Group 2010