Lowe's Loses, Once More
The retail giant's now 0-for-4 at the Travis Co. Courthouse
By Amy Smith, Fri., Aug. 20, 2004
Lowe's Home Centers Inc. lost another court round last week, bringing to four the number of Travis Co. district judges who have ruled against the retail giant on a series of motions leading up to next month's trial in a lawsuit challenging a controversial Lowe's big-box off Brodie Lane.
In the most recent setback, District Judge Suzanne Covington denied Lowe's request to post a bond and resume construction on the store, halted by a temporary injunction three months ago. The judge also rejected Lowe's request to raise the bond amount that the Save Our Springs Alliance and the Save Barton Creek Association posted at the start of the injunction, pending the outcome of a Sept. 7 trial.
The two enviro groups, along with the city of Sunset Valley, sued Lowe's and the city of Austin after the two forged a settlement agreement that follows the intent of legislation written specifically to get Lowe's out of a compliance jam. Lowe's position is that House Bill 1204 exempts its Brodie Lane property from city environmental regulations. As they defend that stance in court, the No. 2 home-improvement company continues to lose $7,000 a day in lost construction time, according to its Austin attorney, Dan Byrne. That of course doesn't include what Lowe's is paying its attorneys, who may end up arguing the merits of HB 1204 for several more years.
The plaintiffs contend that Austin's Save Our Springs Ordinance trumps HB 1204, and that six City Council votes were required to approve any settlement deal that doesn't comply with SOS. (The agreement was approved on a 4-3 vote.) So far, four different judges have agreed. Sen. Jeff Wentworth, the San Antonio Republican who carried HB 1204 on Lowe's behalf, has urged Mayor Will Wynn to take up the matter anew by trying to lock in six council votes and bringing the matter back for action. Wynn says it's doubtful that the council will revisit the issue.
The quirky nature of Travis Co.'s rotating docket system has landed this case in a different courtroom for every motion argued. When it comes time for trial, the lottery could render a judge that sees fit to break the plaintiffs' winning streak. But SOS attorney Brad Rockwell believes the outcome will be consistent with what's been decided so far; he says he's more concerned that Wentworth will try "bailing Lowe's out again" when the Legislature convenes in 2005. "He tends to be the sponsor of bills that help people who want to pollute the aquifer," Rockwell said.
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