Developers reach settlement on undeveloped land
Developers Daniel Levine and David Miller agreed to end the case after 2 days of jury selection; Dispute over 11 acres at Providence and Fairview
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Case settled over 11-acre site in south Charlotte just before opening statements; Levine Properties to take title to land
by Tony Mecia
Developers Daniel Levine and David Miller — who were suing each other in a trial that started Monday over a stalled development at Providence and Fairview roads in south Charlotte — have reached a settlement.
Levine told The Ledger this morning that the two sides reached an agreement to end the legal case, which started in 2019. Lawyers spent Monday and Tuesday selecting jurors, but the jurors were sent home an hour early on Tuesday before opening statements as the two sides worked on an undisclosed issue that was apparently settlement discussions.
Levine, of Levine Properties, declined to disclose the terms of the settlement but said that he will now own the property, an 11-acre site that was the former Carmel on Providence apartments. It is now vacant land. Levine said he’s unsure what his plans are for the site but said in a statement: “Now, with 100% ownership, we look forward to unlocking the full potential of this property.”
An entity connected to Miller’s Raley Miller Properties is listed as the current owner. Miller told The Charlotte Observer in January that there were “agreements in place with other parties” to develop the site.
Levine said he was “very pleased” with the settlement. Miller told The Ledger there was nothing he wanted to say about the resolution of the case.
The two were suing each other over who was at fault for the collapse of plans to build apartments and a grocery store on the 11-acre site, which remains vacant. Lawyers said in court this week that the damages could run into the “millions and millions of dollars.”
As The Ledger pointed out in our examination of the case last month, court documents say plans collapsed when the two disagreed over which lender should provide a $60M+ term loan — Miller favored BB&T, Levine favored Wells Fargo — and what the operating agreement required from each side.
Levine said he was confident in his case but agreed to a settlement to avoid the uncertainties of a trial: “I felt very confident that we did everything that we were supposed to do as the management. He disagreed. That was the case.”
Among the 12 jurors seated for the trial was Brent Cagle, the interim CEO of the Charlotte Area Transit System.
Related Ledger articles:
“Inside the courtroom at the Levine-Miller trial” (March 27)
“Trial next month over Providence and Fairview site” (Feb. 14)
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Executive editor: Tony Mecia; Managing editor: Cristina Bolling; Staff writer: Lindsey Banks