Furlong Development Co., LLC and Gordon Stacy v. Georgetown-Scott County Planning and Zoning Commission Egt…

Summary

The Court affirmed summary judgment for the Commission, the Bank, and the Holding Company, holding that the bond agreements required the developer and surety to pay for the improvements covered by the original bonded plat. The deed-in-lieu release did not discharge those obligations, the Commission was not required to prove an actual financial loss, and unjust enrichment could not override the express contracts. The Court also rejected the developer’s judicial-notice, discovery, and newly discovered evidence arguments. Justice Wright, dissenting, would have remanded because total forfeiture could constitute an unenforceable penalty and the trial court had not determined the Commission’s actual damages.