HOLIGAN HOMES AND JACKSON GET READY FOR A DUEL IN COURT

The City of Jackson and Holigan Homes are going to let the courts decide whether the builder's model home violates city ordinances.

The city has filed suit for a preliminary injunction that would stop Holigan Homes from operating a model home in a residential district without a special use permit. The company has counter sued the city, seeking an order forcing Jackson to grant the special use permit for the model home.

The suits have been consolidated, and a court date will be set as soon as the circuit court assigns a judge.

The city alleges that Holigan Homes was illegally operating a model home in its Savannah Ridge Subdivision even before the company was denied the special use permit. Holigan Homes continues to use the property as a temporary sales office in violation of city ordinances, the city's suit contends.

Holigan Homes President John Marlin thinks the Board of Aldermen took the company's decision to go ahead and open the model house "as a slap in the face. That we weren't obeying the city at all.

"They didn't vote on the merit of the request. It was one huge emotional vote," he said.

Marlin said Holigan might have taken the issue lightly because the company never has had trouble opening a model house in any of its other locations. The company does business in 60 cities and 8 states.

He blamed the dispute on a delay in the public hearing. It originally was scheduled for October but was postponed until Nov. 3. That presented a conflict for the company, which he says already had made advertising buys for a Nov. 2 grand opening.

Marlin said he had lunch with Jackson Mayor Paul Sander prior to the new public hearing. "Sander seemed to think it wouldn't be any problem at all," he said.

Sander says the issue has been blown out of proportion.

"I'm not going to battle in the newspaper with Holigan Homes," he said. "The council voted 7-1 to deny this permit. It's been a continual problem."

As mayor, Sander does not have a vote.

"The council acted," he said. "They did not wish to have a commercial endeavor in a commercial zone."

Holigan argues that the model home/office does not constitute a commercial enterprise. "Our corporate office is in Cape Girardeau," Marlin said.

Three Jackson residents spoke against granting the special use permit at the public hearing. Holigan did not have a representative there.

Alderman Larry Cunningham voted with the majority.

"They're not trying to get along with the city or the people in the community," he says. "They're trying to change the ordinances to fit their need. I don't like that."

If Holigan wants to operate a model home in the subdivision, he says, the hours should be restricted and the home shouldn't be open every day.

Holigan Homes knew up front that a special use permit would be required before a model home could be opened, Sander said. And he takes some offense that Jackson leaders are being vilified for the position they have taken.

"I know I haven't done anything different in this case," he said. "It's the same as I have done for five years. I treat everybody equally."

In Holigan Homes' Savannah Ridge Subdivision, 10 houses either have been built or are under construction.

"We have invested quite a bit in the City of Jackson. We have to protect our investment," Marlin said.

He said he has sent letters to the city attempting to settle the dispute out of court. "We heard quite a bit of unofficial response," he said. "Most of it was almost like a laugh in our face."

Sander said he has had numerous discussions with Holigan Homes representatives. "We have tried to work with them," he said.

Marlin said he doesn't know how the company's relationship with the city will be affected by the suit, however it's settled.

"We want to work with the city in the future," he said. "We hope it's mutual."