Setback for Anti-Wal-Mart forces
But the trial is still set for Nov. 13
By Lee Nichols,
3:48PM, Fri. Nov. 9, 2007
Opponents of the proposed Wal-Mart at Northcross suffered a minor setback yesterday when Judge Margaret Cooper of the 353rd District Court rejected the Allandale Neighborhood Association's request for summary judgment in its suit to have Lincoln Property's site plan overturned. The request hinged on a claim that proper public hearings were not conducted with regards to the garden center planned for the Wal-Mart; Cooper said that garden center qualified as an "accessory use" that didn't require hearings. However, the consolidated suit filed by ANA and Responsible Growth for Northcross is still slated to go to trial Nov. 13. In a statement, RG4N said, "The ruling on ANA's motion does not affect a claim RG4N made about the proposed garden center nor does it affect RG4N's other three claims. We remain confident that we have a winning case. We expect a huge turnout at Feisty Fest this Sunday afternoon at the Triangle as our supporters from all over Austin send a message to the City that 'business as usual' is not acceptable anymore. It is still not a done deal."