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Lawsuit filed as plans stall for Wendys Drive-In across from Raleigh High
Traffic question blocks drive-in
Plans to build a Wendys Drive-In restaurant across from Raleigh High School will not be approved until the developer addresses a question of traffic and access to the school's adjacent athletic fields, the city Planning Commission said Wednesday night.
Earlier in the day, an easement granting access to the fields also became the focus of a civil suit filed by attorney Phillip J. Griffin, whose office is next to the proposed drive-in.
Mr. Griffin claims the school district and landowner FMP Realty - both listed as defendants in the suit - violated the terms of a December 2007 court order that said the district must receive an easement in return for selling the land to FMP. Mr. Griffin contends the deed lacks such an easement, and he accuses of district of breach of fiduciary duty while claiming FMP Realty was unjustly enriched.
Mr. Griffin also questioned the technical ownership of the property, which was recently transferred to a separate company called FMP Realty LLC.
Developer Ernesto Potts, who already owns Wendys franchises in Wake County, has a deal pending to buy the West Olive Street property from FMP. The lawsuit appeared to be about little more than semantics, he said.
During the Planning Commission meeting, Mr. Potts proposed moving a curb cut that is now used to access the athletic fields. But commissioners said they worried about safety and traffic flow if the curb cut was too close to the corner of Hamilton Street. Officials said they wanted to see the Wendys plans redrawn and a new review sought from the state Department of Transportation.
Having tabled the Wendys plans last month, the commission took no action Wednesday.
In other business, commissioners also listened to plans from developer Francis Morton, who wants to buy part of the Amrion Inc. land on Canal Street and build apartments for seniors, and project manager Van Obrien, who wants to build 28 homes on 12 acres of the long-delayed Leggett's Creek subdivision in Raleigh.
Phillip Griffin can be reached at Griffin3@gmail.com.