Judge Margaret Cooper awarded Lincoln Properties $22,748 in attorney’s fees attributed to defending against Allandale’s claims regarding approval of the Northcross site plan that includes a 196,000 sq ft Wal-Mart Supercenter. While the order has not been finalized, this is the amount granted by Judge Cooper at the hearing that took place on Monday, April 14.
Attorneys for Allandale filed a petition before the District
Court seeking payment for part of our legal fees related to our lawsuit
against the City. This amounted to $5,300 attributable to the fees
incurred from responding to Lincoln Properties’ (the Northcross
developer) claims regarding standing and ripeness. Allandale lost on
the issue that mattered most having to do with whether or not the city
followed its own laws regarding approval of a site plan that includes a
structure that under its legal code is considered a conditional use.
The judge ruled in favor of the city and Lincoln and thereby Wal-Mart
on this issue but Allandale prevailed on the issue of standing – we had
a right to bring suit against the devloper, and ripeness – if we had
issue with the development this was the right to time raise it and not
after the development was in place. For these reasons, Allandale asked
to be compensated for the associated legal costs relating to these two
issues. Judge Margaret Cooper disagreed and ruled in favor of Lincoln’s
cross-motion to recover it’s attorney’s fees having to do with that
portion of the suite related to Allandale’s claims.