A legal battle between Windsor Hotel owners and renovators the Finney County Preservation Alliance and contractor Team 1 LLC avoided trial this week after settling out of court in late March, putting to rest a disagreement that halted work on the local landmark for nearly two years.

The civil matter had been scheduled for trial Tuesday and Wednesday, but Garden City attorney Richard Marquez, who represented the FCPA, filed a motion for mutual dismissal of all claims with prejudice on March 26 and the court complied.

FCPA President Kim Nading, Team 1 owner Kevin Campbell, and Campbell's attorney, Coleman Younger, all declined to speak about the case and details of the settlement, citing confidentiality, though Campbell did express relief that the case had been settled.

“My two words are ‘Justice served.’ I mean, it’s over. It’s done,” Campbell said.

In May 2017, Campbell filed a mechanic’s lien on the Windsor Hotel, the first legal action following several weeks of disagreement between his company and the FCPA. In July 2017, Team 1 filed a petition for foreclosure against the FCPA.

Following the FCPA’s 2015 crowdfunding campaign to restore the Windsor’s cupola, one of the last wishes of the late FCPA founder Don Harness, the alliance hired Team 1 to begin work on the pressed tin structure on top of the historic hotel. Campbell, who once sat on the FCPA board, worked to restore the cupola from November 2016 to March 2017, when he said in the petition the FCPA halted weekly payments.

Campbell said in the petition that he submitted a stop work order notice, and within a week, the FCPA, without communicating, locked him out of the Windsor with his tools, equipment and plans inside. The items remained there until recently.

The FCPA filed a counter-petition in September 2017. Both parties accused the other of breach of contract and had conflicting accounts of the original terms of payment. Campbell called for compensation for several weeks of work and reparations for the locked away equipment, which interfered with his business. The FCPA claimed Team 1 had done a shoddy job restoring the cupola and called for the company to cover the costs to repair or replace its poor work.

Team 1 claimed the FCPA had committed breach of contract and interference with personal property, and the FCPA claimed Team 1 had committed breach of contract, fraud, misrepresentation and theft of FCPA property.

Because of the settlement, Campbell’s tools were returned to him and the intent was for his mechanic’s lien to be lifted, said District Judge Michael Quint, who presided over the case. The lien is technically still pending, according to court documents.

Quint said both sides amicably came to the conclusion to settle and forged the agreement.

He said there was no ruling that either party’s claims were true, and neither party wanted to enter an admission that they had done anything wrong.

Marquez did not respond to a call seeking comment.

 

Contact Amber Friend at afriend@gctelegram.com.