The Athens Planning Commission conditionally approved the amended map of the plans for University Estates, but did not approve the next step in bringing University Estates up to city code.

The commission decided to postpone a decision about granting preliminary planned unit development approval— PUD, a classification that allows construction of multi-purpose buildings in a single area—until the issue could be discussed in executive session with legal counsel.

The planned map was approved, providing that Greenview Lane is removed from the map and Stone Ridge Court and Altamont Terrace are combined into Altamont Drive, an existing road. Lot boundaries of one section need to be clarified, and water and sewer service roads must be available.

A preliminary PUD designation for the 826-acre University Estates was supposed to be obtained from the commission before construction began, but the process has been complicated by a lawsuit filed against the city.

The Villas at High Pointe Village, a company in which University Estates owner Richard Conard is a principal, filed a lawsuit in November against the city of Athens, Mayor Ric Abel and Code Enforcement Director Steve Pierson. The complaint demands that the city drop code violation charges pending against Conard, not interfere with the construction of the company’s 25-building condominium neighborhood and award more than $1 million in compensatory damages.

University Estates representatives contend in the complaint that they obtained all the necessary permits and approvals with the state before annexation and a verbal promise from then-service-safety director, the late Wayne Key, allegedly guaranteeing uninterrupted construction after the project was annexed into the city.

Furthermore, lawyers representing The Villas filed a motion Dec. 1 for a preliminary injunction to restrain the city of Athens, Abel and Pierson from interfering with construction of the neighborhood. The senior vice president of University Estates, Lantz Repp, stated in the motion that Able ordered the Athens’ water department to cut off the water supply to the buildings under construction in The Villas.

The city plans to oppose the injunction, Athens Law Director Garry Hunter said. A hearing is scheduled for Jan. 22.

Conard’s code violation charge will be tried in Athens Municipal Court Jan. 10.