A developer and city councilman have sued Farmington, claiming the city illegally denied a request to build homes on about 10 acres of private land.

The property, in north Farmington, is owned by Councilman Larry Haugen. He has been working for about 18 months to sell the land to North Park Development, but the city has twice denied requests by the developer to rezone and build on the land, so Haugen has been unable to sell.

He and the developer filed their lawsuit earlier this month in 2nd District Court after the city denied the second request, said Brady Hall, who owns North Park Development.

"We just want to say that we're not going away," Hall said. "We want to see a solution, and we want to see fairness."

Hall said Monday that he worked with the city for months on his development plan and was told by the city planner and other officials that the plan was appropriate and met all requirements.

But the City Council ultimately denied the rezone request, even after the city's planning commission approved the development plans.

Haugen, whose property is used now as a junk yard and family automotive shop, believes that one of his neighbors unduly influenced the City Council. The neighbor, Tom Owens, owns the old Rock Grist Mill, which was built about 1857 and is northeast of Haugen's property.

Owens said Monday that he was disappointed that the lawsuit was filed but said he didn't think it had much standing. "It has pretty broad allegations," he said. "To me, it's an issue of: Does Farmington city have the power to preserve the ambiance and essence and heritage of old-town Farmington, or doesn't it?"

Owens added that he would like to see maybe one or two "ranchettes" built on the Haugen property, and all without future development rights, so that the land around the mill can be preserved as open space.

The current development plan for the Haugen property calls for about 36 dwelling units, some of which will be single-family homes.

In November, when the property was up for its first re-zone request, several angry residents attended the meeting and said they didn't want the land near the historic mill rezoned for high-density housing. Owens also had gathered about 100 signatures on a petition, which was presented to the council, to oppose the rezone request.

But Haugen said that he thinks the council's vote was a "raw deal."

"I have sat on the City Council for 11 years, and I have never seen them treat a developer the way these guys are being treated," he said. "I think Tom (Owens) has influenced them on open space that isn't his, and that everyone needs to work together."

Haugen has extended the length of his contract to North Park and says he will continue extending it until the city gives in. "As long as this war is going on, we don't care," he said.