A judge has denied a temporary restraining order and preliminary injunction filed against the town by the developer of Park Place in downtown Fountain Hills.

At a hearing Thursday, Sept. 7, Maricopa County Superior Court Judge John Hannah made his ruling and then stayed the order for two weeks to allow N-Shea Group to file an appeal with the Arizona Court of Appeals.

The ruling will allow work to continue on the Park Place development on Avenue of the Fountains at least until the case is heard by the Court of Appeals.

N-Shea Group and its principle, Bart Shea, filed for the temporary restraining order to prevent the town from shutting down construction for $453,611 in unpaid development fees.

Town Manager Grady Miller had sent a letter to Shea dated Aug. 23, asking for $250,000 against what the town says it is owed. In his letter, Miller set Thursday, Sept. 7, as the day the town would stop construction if the funds are not paid immediately.

Shea’s court filing states that “an emergency intervention by the court is needed to bar defendant from shutting down the project until the right to development fees cause of action is resolved.”

Shea also states as points of factual background in the filing that he entered into the development agreement to ensure that his obligations to the town were specifically defined.

He adds that the development agreement contains no obligation that requires plaintiff to pay a development fee.

“No development fee is owed by the plaintiff to the town,” Shea’s claim goes on to state.

Shea warns that the consequences of a shutdown would be devastating.

“If the town were to shut down the project after building permits were issued and after construction was well on its way, that shutdown would likely cause devastating impacts at the project and would likely lead to the project not being completed.”