A central factual question in the tribunal was an allegation — first raised by petitioners and public commenters and then by investigative reviewers — that a screenshot of a FEMA web page used in developer presentation materials had been altered to remove dates and create a misleading narrative that the cost increase was newly imposed by FEMA. City staff paused the council agenda when the allegation surfaced and subsequently coordinated revised language in the ordinance caption and memo.
Investigations by city law enforcement and an outside reviewer were included in the tribunal record. City Council later voted (May 12) to issue a notice of default to Elevate QOF LLC, stating the council had determined an event of default for "misleading material representations made to the corporation" and reserving the city’s contractual remedies. The tribunal has these investigative reports and the city’s notice of default in the record and continues to hear witness testimony about who knew what and when.