Frantz's attorney Thomas Nitschke said he never got paid and now wants the order vacated.
He said the terms of the agreement were attached to the order as an email from the attorney for KPH Northland Hotel LLC to Mr. Frantz's attorney at the time. Nitschke said the email indicated the city would basically loan the project $500,000 and then pay Mr. Frantz.
He said the bottom of the email stated the agreement was subject to approval by the city.
"That approval wasn't forthcoming number 1, and number 2, at the time the statement was made, KPH knew they needed board approval, and they didn't put that in the top part of the email and that's the misrepresentation we're citing," said Nitschke.A defense attorney for KPH spoke to the judge Monday.
"Its common knowledge that a municipal official can't make a loan without council approval,” he said. “That's the reason the email referenced in the order states the loan is subject to approval."
Alderwoman Barbara Dorff said limited work is happening on the project. She said a hearing Tuesday will determine when sub-contractors can officially return to work.
The judge said he will try to make a decision by Friday.