Developer Says It Can No Longer Build, Sues City

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A company that wants to develop 14 acres near Crabtree Valley mall sued the city after Raleigh City Council members approved a separate project that, the company says, will prevent it from building on the site.

In April, after a lengthy evidentiary hearing, City Councilors approved a site plan for Crabtree Commons, a residential community made up of about 335 condominiums and apartments located at 4434 Creedmoor Road behind Crabtree Valley Mall.

Pinnacle Properties owns about 14 acres across the street from the future Crabtree Commons at 5060 Edwards Mill Road as well as the Pinnacle Apartments at 5020 Edwards Mill Road.

Read the lawsuit below.

The evidentiary hearing came after the site plan was approved by the Planning Commission. Pinnacle Properties appealed the Planning Commission’s decision, sending it to the full Council for a decision.

The main source of contention between the two property owners is the Crabtree Connector Road, which connects the mall to Edwards Mill Road. The builders of Crabtree Commons want to relocate the connector road, which the owners of Pinnacle Properties say will make development of their site impossible.


According to the suit, if the property were to be redeveloped, Pinnacle Properties would be required to create a full-service entrance — including a left turn lane — that aligns with the Crabtree Commons entrance. The filing states that this would be impossible because of the topography of the area and the city’s regulations.

All site plans must adhere to eight site plan standards, one of which dictates that the site plan will not have adverse impacts on future development. The lawsuit claims that the Crabtree Commons site plan violates that rule has adverse impacts on the Pinnacle Property and its ability to redevelop.

Both City Manager Russell Allen and City Attorney Thomas McCormick said the city does not comment on ongoing lawsuits.

Calls and emails to Robin Currin, the attorney representing Pinnacle Properties, were not returned.

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