Developer Getting $3.6M in RI Tax Credits Sued by N. Carolina Town for Backing Out of Project

GoLocalProv News Team and Kate Nagle

Developer Getting $3.6M in RI Tax Credits Sued by N. Carolina Town for Backing Out of Project

Lance Robbins, whose firm Urban Smart Growth was just awarded $3.6M in RI tax credits to rehab lofts at the Hope Artiste Village was sued in North Carolina in for pulling out of a project.
Urban Smart Growth (USG), the developer who just received nearly $3.6 million in tax credits from Governor Gina Raimondo and the Rhode Island Commerce Corporation, was sued by the Town of Belville, North Carolina, in 2015 for backing out of a project, GoLocal has learned.  

The revelation comes following advocacy attorney Lauren Saunders’ telling GoLocal that USG’s Lance Robbins was “one of the most dishonest and unscrupulous people” she said she had come across her career working for vulnerable tenants and consumers. 

Robbins was cited with 105 health and building-code violations, piled up 32 convictions, paid a $1 million settlement, just to name a few of his legal problems, according to press reports.

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Robbins and USG stated on Monday that they are intending to utilize the Rhode Island tax credits to complete a $38.9 million project to develop 150 loft apartments at Hope Artiste Village in Pawtucket. 

However, in North Carolina, a stalled USG project has led to the Town of Belville to seek arbitration, following its 2015 lawsuit against USG, who in 2007 had entered into a twenty-year agreement to develop a mixed-used project along the town's waterfront.

Not only did the project never come to fruition, press reports show that USG engaged in discussions with the adjacent town of Leland to annex Belville's downtown and undertake the project with them instead. 

"We need to bring [Robbins] to light. It's really a shame-- he goes and buys up cheap property and tries and hoodwinks the local city councils to fund this kind of development," said Peter Schardien, who is the husband of Belville Commissioner Donna Schardien, of Robbins. "He's an attorney, or he used to be, and he knows how to get around things. He's no good."

North Carolina Lawsuit, Allegations

In August, the Brunswick Beacon reported on the Town of Belville’s legal battle with USG.  

“Belville officials filed a lawsuit July 7, 2015 against Urban Smart Growth, the developer they signed a 2007 agreement with for a potential downtown development on the Brunswick River,” wrote Brian Slattery for the Beacon last month. “Belville and USG developer Lance Robbins signed a resolution...for a 20-year agreement to work together on a master redevelopment plan of large-scale mixed-use development constructed in multiple phases over the [next] two-decades.”

The Town of Belville sued USG for backing out of an agreed upon project -- and taking it to another town instead.
The project was proposed to include multi-family and other residential property, a marina and riverwalk, restaurants, retail storefronts, commercial office and professional space, recreation and entertainment and possibly a multi-purpose municipal building on 80 acres just south of U.S. 17/74/76 between N.C. 133 and the Brunswick River.

“But the economic recession beginning in 2009, the housing bubble collapse and other factors kept the project from moving forward. Belville Mayor Mike Allen said he and the current town board met several times with the developer to try to get the project started prior to filing the lawsuit,” Slattery continued.

Allen and town attorney Jim Eldridge declined comment on Wednesday, citing the ongoing legal discussions.

Backing Out of Agreement -- and Seeking Another

Last year, when the lawsuit was filed in 2015, Terry Reilly for StarNews reported on how the battle between the developer and the town reached a head -- when USG tried to back out of its agreement with Belville by cutting a deal with the Town of Leland take over the land in question. 

“Belville alleges in the suit that USG breached the 2007 agreement with the town to develop Belville's depressed downtown area. Michael White, local USG representative, also was accused in the suit of “wrongful interference with the contract rights,” wrote Reilly. 

“In May, White [USG’s point person] blindsided Belville officials by cutting a deal with Leland to develop Belville's downtown. That plan hinged on White and USG succeeding in deannexing the downtown to Leland," wrote Reilly. "On May 21, Leland passed a resolution supporting the financing of Belville's downtown development project.”

Reilly delineated how USG tried to back out of the Belville agreement, reporting that while USG had already spent $10 million in purchasing Belville property, it was promising Leland tens of millions in tax revenue. 

"USG provided financials for the project to Leland that project new annual tax revenue of $524,000 by 2022 and a total of $10.5 million in revenue over the next 20 years. A $236 million property tax base was used for the calculations. Belville's downtown district currently generates only $4,000 in annual tax revenues. The area has mostly vacant lots, a church in an old house and an auto repair shop," wrote Reilly. 

"In a letter to the town, USG made it clear that the company wanted a divorce from Belville. Lance Robbins, USG's principal and founder, said, 'Belville continues to refuse to assume the responsibilities of a partnership role … and refuses to demonstrate its commitment or capability to provide for the needs of the project," wrote Reilly.

Reilly reported on the offer Robbins gave Belville -- which Belville promptly rejected. 

"Robbins proposed giving Belville a “financial windfall” of $500,000 in increments. Belville would receive $100,000 for the deannexation of the downtown area to Leland and the termination of the 2007 agreement. USG would pay $200,000 for additional town property. And after five years, $200,000 would be paid if Belville officials gave continuous public support for the project," wrote Reilly.

Following the closed session, the board voted unanimously to reject the proposal. A recess was called and a Brunswick County Sheriff's Office deputy served White with the lawsuit.

Local Feedback

Despite the lawsuit, USG still lists Belville as a client-case on its website.

Belville's Schardien said the original 2007 contract the town had with USG was in the hundreds of millions.

"The contract was $169 million -- it's a town of 2000 and less, where in heavens name were they going to come up with this money? They came up with a TIF, but it's outlawed in North Carolina. Then they came up with pseudo-TIF. This town, the property taxes would have skyrocketed if he bailed out on the construction," said Schardien. 

USG Rendering of the Plan
Schardien says that he hopes the town can sever the agreement with USG quickly.

"They have found several reputable developers that would be willing to develop that land, but they have to get out of [the USG] agreement first."

Meanwhile, the Rhode Island Commerce Corporation stands by its decision to award the millions in tax credits to USG. 

"Urban Smart Growth has already developed two successful projects in Rhode Island: the Greystone lofts in North Providence and commercial phases I and II of Hope Artiste Village. The residential project at Hope Artiste Village represents the third and final phase of this project in Pawtucket. Based on a demonstrated financing gap, last night the Board of the Commerce Corporation approved Rebuild Rhode Island tax credits for the residential portion of the Hope Artiste Village project," said Matt Sheaff, Spokesperson for Commerce. 

"Like all Rebuild Rhode Island projects, there are safeguards in place to ensure that taxpayer dollars are utilized effectively. These measures include, among other things, not awarding the credits until the project is completed and a financing structure that enables the Commerce Corporation to be repaid within 30 years," said Sheaff. 

Robbins has not responded to repeated requests for comment. 


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