Hawkins Seeks Dismissal of Fraud Claims against Him in Breach-Of- Contract Lawsuit Originally Filed by OKC's Wiggin Properties

Article excerpt

For a second time, third-party defendant James F. Hawkins Jr. requested dismissal of fraud claims against him in a breach-of- contract lawsuit originally filed by Oklahoma City's Wiggin Properties against Tulsa's Arco Building LLC.

Wiggin filed its lawsuit in December, alleging Arco, an affiliate of downtown Tulsa's biggest office holder, Kanbar Property Management, failed to fulfill terms of its July 30 contract to sell its namesake building to Wiggin.

Arco claimed it canceled that projected one-year deal after Wiggin sought an inspection delay. But Arco filings referenced a Nov. 27 e-mail Hawkins sent to Kanbar executives claiming he was a 50-percent partner in Wiggin's plan to buy and transform the Arco Building into apartments and commercial space.

That alarmed Kanbar, since it had just settled a breach-of- contract lawsuit with Hawkins over his failed 2010 attempt to redevelop that same building into commercial space and for-sale condominiums.

Arco officially dragged Hawkins into the Wiggin lawsuit with its Feb. 4 fraud and conspiracy counterclaims, alleging Wiggin and Hawkins were secret partners in Wiggin's Arco Building plans.

While admitting to consulting with Hawkins, Wiggin owner Charles Wiggin has steadfastly denied any partnership arrangement with the man known for redeveloping the downtown Tulsa's historic Philtower into lofts and commercial space.

Hawkins first sought dismissal from the case in late February. …