Garfield County District Judge Paul Woodward granted the city’s motion for partial summary judgment during a hearing Thursday in a lawsuit filed by Bob and Eli Berry against the city over the $20 million Enid Renaissance Project. The lawsuit alleged the city violated required procedures in Enid Renaissance Project. In granting the city’s request for summary judgment, Woodward found there are no material facts to support the allegation the city has misused or misappropriated special purpose fees and there is no requirement the project be submitted to Enid Main Street, the Oklahoma Fire Marshal’s Office or Federal Emergency Management Agency. Woodward also denied a cross motion by the Berrys for summary judgment regarding the issue of site plan requirement, ruling no site plan was required for the downtown renovation project. The centerpiece of Enid Renaissance Project will be a new event center to be built adjacent to Cherokee Strip Conference Center. The project also includes renovating Convention Hall into a ballroom and meeting place. Mike Bigheart, who represented the Berrys, said the judge ruled a site plan was not needed because the C-4 business district — the downtown area — is exempt from the regulation. “We are disappointed he ruled that way, and we think it was in error, but we do appreciate his work and it is clear he gave it some thought,” Bigheart said. Bigheart said he did not know what the Berrys will do next. There is the option to appeal. “We are very pleased with the judge’s decision today, and we look forward to the conclusion of this case. The trial is set to begin Oct. 24,” said City Attorney Andrea Springer. On June 2, Woodward issued a preliminary injunction preventing the city from using the construction manager at-risk contract for Enid Renaissance Project. He also required a surety bond of $200,000 be posted by the Berrys to protect the city against any potential damages that may be sustained as a result of the issuance of the preliminary injunction, according to information in a release by the city of Enid. After the ruling on the preliminary injunction, the city discontinued the construction manager at-risk method and moved to the traditional design, bid and build construction delivery method. The city currently is accepting bids for the project. Because the city changed the methods, the Berrys have not posted the surety bond. On Oct. 24, the parties will appear for trial before Woodward. At that time the court will hear arguments on whether the city could use the construction manager at-risk construction delivery method for Enid Renaissance Project.
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