Disagreement centered on an easement has slammed the brakes on one of downtown Vicksburg’s largest planned developments, its owner said Monday.

Robert Ware purchased 1412 and 1414 Washington Street in 2005 and, soon after, began creating The Ware House, a development that is home to upscale hotel rooms, a lounge and a proposed restaurant. Providing electricity to his 1414 Washington St.,property, which he planned to house the restaurant and additional units, has become an issue due to the city’s decision not to allow Ware to have Entergy place a pole on property that would cause power lines across the property of a neighboring building owner.

“The options are to go around the lot, and the city would have to release the easement,” Ware said. “The only other way is to pay to have the lines put underground, which is cost-prohibitive.”

The city could release a portion of the easement that was granted in 1978 to the Housing Authority of the City of Vicksburg, benefitting “the grantor, its successors in title, the adjoining property owners, the grantee and the public at large,” according to documents from the Warren County Courthouse. The easement applies to a 10-foot area that backs up to Gordon’s Alley, a seldom-traveled road that runs behind a portion of Washington Street. The alley was constructed by the Housing Authority.

South Ward Alderman Sid Beauman said the easement allows the city and county the right of way in a specified area to “go in and work on property that’s not theirs.”

“If we vacate the easement, it becomes the property of the property owner adjacent,” he said. “Basically (Ware) wants it (abandoned) and the other (owner) doesn’t. That would leave a piece in the middle.”

Mayor Laurence Leyens said the city’s position is to have Ware and his neighbor, Jay Jabour, who owns property at 1416 Washington St., a property he leases to owners of Country Junction and Pig Willie’s, resolve the issue. What Ware wants, however, is either for the city to release the easement and allow him to have the utility pole or to help him come up with another option that will allow him to complete what he started.

Jabour “is within his rights not to give an easement. I want the city to give some other options,” he said. “Sure — if my neighbor granted the easement, it would be a quick fix, but that’s not what I’m asking.”

Jabour said Ware had concrete dug up along the back of his property about a year ago to have a gas line hooked up to his buildings.

“He would have had no problem to put power in if he had done it then. The easement states he has to do it underground,” Jabour said.

“This easement is for the right to pass and repass from South Street to Crawford Street on foot or in vehicles and for the location, installment and maintenance of public utilities provided that these utilities are placed underground, for temporary parking, for loading and unloading and for the installation and maintenance of a retaining wall,” the document said.

Leyens said releasing the easement and allowing above-ground electrical lines would interfere with Jabour’s access to his waste container, which is behind his building. If Jabour is forced to comply and allow the utility pole, both Ware and the city could face legal repercussions, Leyens said. Because the easement is shared by the two property owners, the city doesn’t want to release only a portion of the easement, Beauman added.

“The easement is already there. Mr. Ware can run electricity to the building, but it requires it to be underground,” he said. “We’ve given them both the right of way, but he can’t hurt his neighbor. If we donate the land and he puts a telephone pole in the middle of Gordon’s Alley, it cuts Jay Jabour from his property.”

Jabour said having the pole and the lines over his property would keep him from ever being able to build behind his property, which he has owned for about nine years. Before that time, the building was owned by his father, George Jabour. Jay Jabour’s uncle, Karl Jabour, also had owned that building, in addition to Ware’s buildings, where he operated Karl’s Men Store and a ladies’ wear department.

Ware said he met with city and Entergy officials Thursday to discuss options, including what he believes to be the “cheapest and easiest” for all parties. The city returned its decision not to release the easement to him Monday. And, now, he’s looking to the city for other remedies.

“The option we presented was to locate the power pole at the corner lot of Gordon’s Alley — out of the thoroughfare of traffic and on city property,” Ware said. “It would not hinder the right of way and not affect the easement.”

Such a plan would mean the pole could be placed near the street, avoiding the easement and neighbor issue. But, Ware said the city seemed to think problems with visibility could arise. Although he said that problem could be avoided by adding a planter box, similar to those along Washington Street, officials have not agreed to any other plans.

“We can’t give him the land and then get sued,” Leyens said. “We’ve got no dog in this hunt.”

Don Arnold, a spokesman for Entergy, said the right of way issues are what’s keeping the company from running the electricity.

“We’ve given him a couple of options. Legally, we cannot cross another person’s property unless there’s a right of way,” he said. “We would love to get him power, but we have to do it legally. We’ve looked at every situation, but we’re very limited because of all the buildings and the way they’re lined up. We’ve got to have a right of way.”

While construction continues at 1414 Washington St., to complete four basement units that will run off limited electricity, Ware has pulled the plug on the other seven units that were planned for the property, as well as an outdoor pool, lazy river and tiki-style bar area.

“It’s the largest part of the development,” he said. “If we don’t have power, we will not open it. Basically, it stops where it is.”

Business, however, continues at 1412 Washington St., which began this summer offering The Lobby, an upscale nightlife option, on the first floor of the smaller building, which also has seven units. As construction in that building continues, people have been staying in some of the units by referral. Each unit offers amenities similar to five-star hotels, such as fireplaces, flat-screen televisions, sheets with 1,000-thread count and baby grand pianos. Ware first received approval from the Board of Architectural Review, a board that ensures the integrity of Vicksburg’s historic buildings, November 2005. He would like to see the project through but needs support from the city, he said.

“I think it’s unfortunate. The restaurant is something that’s been one of our biggest questions (from people). People want other options, and they’ve seen our quality work,” he said. “The Lobby has been the biggest success downtown since I’ve been here and there’s been no advertising. Our units in the other building are going to go for between $375 and $400 a night. That’s the kind of people we need (downtown) to inject the capital.”

Beauman said he doesn’t believe the book has to be closed just yet, though.

“I don’t know that we’re totally finished. We’re just at a stalemate,” he said. “He thinks we should and we don’t think we should, but I don’t think it’s a dead issue.”

Ware moved to Vicksburg from California after touring the country in an RV. By August 2005, he had begun the process of obtaining building permits and converting the buildings, which date to the late 1800s, to upscale rooms. In their history, the buildings have been home to the Bijou Theater, W.C. Welch fruits and the Louis Fried Grocery, to name a few. Ware’s mission, since he moved to downtown Vicksburg, where he also lives, is to continue to enhance the area, which underwent major improvements in 2004 as a result of the city administration’s urban renewal plan. Ware said stopping his project will only hurt the area and the momentum of bringing more tourists here.

“All I’ve asked is for them to locate one more pole,” he said. “If the city would just work with us and present another option.”