Since getting his permit in 2005, Neilan obtained an unprecedented five time extensions to finish the infrastructure from increasingly skeptical planning commissioners.
Other developers have missed deadlines and asked for extensions, Vriendt said. "We've not had one that's gone on this long.
"In order for him to proceed with any work on the subdivision, he either needs to ask the commission for an extension or he could resubmit as a new application. I think he has a right to ask [for an extension]; it doesn't mean the commission agree."
Neilan didn't say what he planned to do, Vriendt said.
"He was looking at his options and they were probably not what he wanted to hear. He was looking to sell some lots.
"Having a [subdivision] phase go on this long without any return, that's what's unusual. You want to get it finished so you can sell lots."
That's exactly what he wants to do, Neilan said Thursday. "We paved the road and put in the concrete curbs -- virtually all the work I can do, [except for] the sewer issues.
"I may submit a final plat for a portion of the subdivision. It still wouldn't resolve the big issue. We'd like to get this completed and sell lots, add housing stock to the city and increase property taxes."
The Sanitary Board may not cooperate, however. Through its lawyers, the board asked the PSC to dismiss Neilan's complaint.
Board lawyers on Wednesday also asked the PSC to ignore the response from Neilan's lawyer, J.B. Akers. Akers asked the PSC to schedule a pre-hearing conference and allow him to start gathering information before a hearing, if any.
"I've said this publicly, I've said this privately and I've said this to the PSC," said Roller at the Sanitary Board, "we have not asked Mr. Neilan to do anything he hasn't agreed to do, and we will not saddle our customers with his shoddy work.
"It's been frustrating. We deal with a lot of different developers and they do alternate mainline extensions. They're all virtually the same, and we don't have these problems with other developers that we have with Mr. Neilan."
Reach Jim Balow at ba...@wvgazette.com or 304-348-5102.