SAUGUS — On Aug. 21, real estate developer TB Holdings LLC, home of the iconic orange dinosaur, filed a multimillion-dollar lawsuit against the Town of Saugus and Town Manager Scott Crabtree for “arbitrary and discriminatory treatment.”
The complaint made by the plaintiff alleged that the treatment was driven by Crabtree for the town, “who exercises unfettered discretion and unchecked power over the Town.” It continued that these actions included a $200,000 payment required by Crabtree “that bore no relation, nexus, or proportionality to the subject development plants.”
In 2021, into 2022, TB Holdings was planning the development of their undeveloped units, Condominium Units 4, 5, and 6. This included the sale of Units 5 and 4 to Wingate Living, to be used as an assisted living facility. During negotiations of a purchase and sales agreement, TB Holdings hoped to meet with town officials, including Crabtree, to discuss the assisted living facility.
“TB Holdings made several requests to meet with Crabtree on their development plans… Despite these repeated requests and attempts to advance their development plans, TB Holdings did not receive a response from Crabtree,” according to the court docket.
The real estate developer eventually heard back from Crabtree, who said that TB Holdings was supposed to provide a “grant” to the town. This was the payment of $200,000. However, TB Holdings noted that they were “under absolutely no obligation, regulation or condition to any approval,” to make said payment.
In the end, the $200,000 was handed over, but TB Holdings does not know where the money was allocated. The docket states the payment “was never requested or approved by the Board of Selectmen.”
TB Holdings alleges that despite the payment, development was still obstructed by the town and Crabtree. The complaint also noted the violation of the Massachusetts Public Records Law.
Count I of the docket shows TB Holdings asking that the defendants be held liable for “conspiring and violating its rights under section 1983 and the Fifth and Fourteenth Amendment.”
Count II alleges the defendants “deprived TB Holdings Property without constitutionally adequate process.” This is linked to the undeveloped property. The count also alleges that the defendants violated TB Holdings’ due process rights “intentionally and with malice.”
Counts III and IV hold similar allegations. Count V is related to the Fair Housing Act, as Units 4 and 5 were to be developed into an assisted living facility. The count alleges that “The defendants’ conduct, especially Crabtree’s on behalf of the town (which is subject to the FHA), constituted coercion, intimidation, threat, or interference in connection with TB Holdings having exercised, aided, or encouraged others in exercising a right protected by the FHA, and TB Holdings has sustained damages as a result.”
Count VI notes that this is a case of “actual controversy.” At the same time, Count VII alleges again that the defendants violated the Massachusetts Public Records Law.
TB Holdings is requesting that the defendants be held liable for conspiring and violating its rights under Section 1983 and the Fifth and Fourth Amendments. They are also requesting an award to TB Holdings for damages in an amount sufficient to make TB Holdings whole for the defendants’ constitutional violations. An award is also being requested for any and all attorneys’ fees, expert fees, costs, and other expenses incurred by TB Holdings under 42 U.S.C. Section 1988 and an award for punitive damages against Crabtree as an individual and/or any other relief the court deems fair, equitable, and just.
The claims and allegations mentioned are alleged as the case is currently ongoing. Defendants are presumed innocent until proven guilty in a court of law.
