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RG4N to Sue City Today
Responsible Growth for Northcross is filing its lawsuit today against the city of Austin and Lincoln Property Co., asserting that the city's Tuesday approval of a second site plan for the redevelopment of Northcross Mall was illegal.
Grounds for the lawsuit include claims that a conditional use permit process should have been followed, that the city prejudicially failed to enforce a plat note requiring a higher standard for water quality (rainwater runoff) for the redevelopment of the site, and other allegations regarding the city's failure to follow its own ordinances and processes.
"We are dismayed that the City once again has approved a site plan for Northcross in violation of several of its own laws," said RG4N President Hope Morrison in a statement. "We have tried for months to resolve this situation without litigation, but the City, the developer and Wal-Mart have made it clear that they won't listen unless someone sues them."
"This has been a very tough issue," said Assistant City Manager Laura Huffman, sounding discouraged about the impending lawsuit. The ACM noted that the developer's promised voluntary upgrades to the project, brokered by city staff, are not in the site plan that was approved. "We're still waiting for their changes to be submitted, in the form of a site plan amendment that will confirm what they presented," said Huffman. She added, "I'm hoping for that immediately."
Grounds for the lawsuit include claims that a conditional use permit process should have been followed, that the city prejudicially failed to enforce a plat note requiring a higher standard for water quality (rainwater runoff) for the redevelopment of the site, and other allegations regarding the city's failure to follow its own ordinances and processes.
"We are dismayed that the City once again has approved a site plan for Northcross in violation of several of its own laws," said RG4N President Hope Morrison in a statement. "We have tried for months to resolve this situation without litigation, but the City, the developer and Wal-Mart have made it clear that they won't listen unless someone sues them."
"This has been a very tough issue," said Assistant City Manager Laura Huffman, sounding discouraged about the impending lawsuit. The ACM noted that the developer's promised voluntary upgrades to the project, brokered by city staff, are not in the site plan that was approved. "We're still waiting for their changes to be submitted, in the form of a site plan amendment that will confirm what they presented," said Huffman. She added, "I'm hoping for that immediately."