Philadelphia City Council President Darrell Clarke is facing a $2 million lawsuit over his intervention against the zoning approval for a city apartment building.
Developer Ori Feibush filed the lawsuit, claiming Clarke’s interference delayed the project at 1201 W. Girard Ave. and caused financial harm, preventing him from pursuing other ventures, the Philadelphia Inquirer reported.
Feibush’s lawsuit claims that Clarke abused his power to interfere with the as-of-right permit for the project, causing millions of dollars in damages, according to the outlet.
Feibush also claimed he had to shoulder substantial legal fees and increased borrowing costs due to the delay.
The dispute centers around a four-story, 166-unit apartment building near North Philadelphia’s Yorktown neighborhood.
Clarke’s opposition to new developments in the area led him to appeal permits that were granted to Feibush, which were legally approved under zoning regulations.
Feibush contends that Clarke’s interference prevented him from pursuing other projects, damaged his finances, and negatively impacted his ability to build.
Feibush’s lawsuit alleges that Clarke’s interference was unwarranted and that he used intimidation tactics to influence zoning board members.
The lawsuit points to instances where Clarke allegedly made calls to members of the Zoning Board of Adjustment to secure a favorable ruling for his appeal. Although a lawyer from the city’s Law Department confirmed that there was no legal basis for the appeal, the zoning board approved Clarke’s challenge.
Feibush’s legal team filed a motion for reconsideration after the initial board ruling in Clarke’s favor. However, a follow-up hearing was significantly delayed, which the lawsuit attributes to Clarke’s influence, according to the outlet.
Ultimately, the zoning board rejected Clarke’s appeal, determining that the project complied with existing zoning regulations.
The lawsuit asserts that Clarke’s actions resulted in increased construction costs and higher interest rates during the delay. Feibush claims to have incurred substantial legal fees and additional borrowing costs amounting to over $2 million. Feibush, the lawsuit claims, had to personally guarantee the project’s debts, limiting his capacity to undertake other projects.
— Ted Glanzer