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Buyers Sue To Cancel Downtown Tampa Condo Contracts

Tribune file photo by JASON BEHNKEN

SkyPoint, right, is the subject of a lawsuit claiming it was built on contaminated land.

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Published: October 9, 2008

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TAMPA - Ten people who had bought condominiums in the posh SkyPoint complex are now trying to get out of their respective contracts, contending that they never were told that the 32-story tower was built on land that was once contaminated.

The group filed a lawsuit in Hillsborough County Circuit Court on Tuesday seeking to cancel their purchase contracts.

They are seeking to recoup the more than $200,000 in earnest money they had to post, from $9,885 to $56,520 each.

John R. Akin Jr., president of the Novare Group, one of SkyPoint's developers, denied any wrongdoing.

He said that the lawsuit "lacks merit and is replete with inaccuracies."

The condominium contract holders who are suing said that they were never told that the 380-unit project, at 777 N. Ashley St., was built on land contaminated by underground fuel storage tanks.

Their lawsuit contends that they never would have bought their units if they had known about the environmental problems.

"It is a matter of disclosure that should have been made and was not made," said James A. Staack, the attorney who is representing the group.

The property on which the condominium complex was built was once a parking garage for Tampa Electric Co.

Underground storage tanks were discovered when the company began tearing down the structure.

Akin described the group as real estate speculators who are trying to get back their deposits without closing on their respective units.

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