David Band, the real estate developer embroiled in a five-year legal battle over the construction of Grande Bay, will not have to face a new trial in a lawsuit that accuses him of defrauding his partner by not properly overseeing the project.
A Sarasota, Florida Circuit Court Judge ruled this week that Harold Libby is not entitled to a second trial to determine whether Band owes him money for the botched construction project that went grossly over budget before completion. A jury decided back in 2011 that Band did not defraud Libby and that Libby knew the “riskiness” of the Grande Bay project.
According to the Sarasota Herald-Tribune, Band said the judge’s decision “reaffirms that he was just a partner who also lost money in the deal — not a legal representative for Libby, who said he considered Band his personal attorney.”
“The jury found I have no responsibility whatsoever,” Band said earlier this week. “In fact, I never represented him. I had no responsibility or liability to him. They put practically everything but the kitchen sink in this complaint, and it’s totally false. It’s very discouraging to me.”
Libby sued Band in 2008, claiming that Band’s actions caused Libby to lose more than $1 million on the Grande Bay project. They’ve been battling it out in court ever since. This week’s decision ended their five-year battle.
It’s important to note that Band was the defendant in this lawsuit, not Bay Isles, LLLP, which is Grande Bay’s actual developer/development group. And while Band continues to have a financial interest in Bay Isles, he is not involved with Grande Bay’s day-to-day operations or its current direction and development.
Click here to view the case history on the Sarasota Clerk of Circuit Court website.
Click here to read the Herald-Tribune’s full article on the decision.