Allandale Lawsuit Court Hearing on Big Box Development at Northcross

This article was posted on Allandale's web site. Crestview leadership encourages all interested residents to help out our community and our neighbors in Allandale. WE ONLY WIN AS A COMMUNITY IF WE SHOW UP WITH PRESENCE.

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Copied off the Allandale Neighborhood web site by Tom Linehan

Court Hearing this Thursday, November 1

This Thursday, November 1, 2:00PM, at the Travis County Courthouse at 11th and Guadalupe, Allandale's motion for summary judgment will be heard. Please come. We would like a show of support from the neighborhood to make the point that responsible city government matters to us.

The motion for summary judgment is the case Allandale brought against the City. It's asking the judge to rule on whether Lincoln Properties' site plan violated city code which requires a public review process when a conditional use such as Wal-Mart's garden center is included as part of the development.

Allandale and RG4N both filed lawsuits against the City over approval of the site plan at Northcross. Because the two lawsuits overlap they were combined. This Thursday's hearing is specific to Allandale's motion for summary judgment. However, both Allandale and RG4N will be arguing the case. The trial date for the larger lawsuit that challenges the removal of trees on the property, runoff, and safety issues related to the increase in traffic brought against the city by RG4N is scheduled for November 13th. If the judge rules that indeed the garden center is a conditional use and should have triggered a conditional-use-permit process this Thursday, Lincoln will have to start over resubmitting their site plan that will be subject to the requirements of the new Big Box ordinance.

We don't yet know which judge will be assigned to our case, and won't likely know until the day of the hearing. However, we can be sure that it will be a judge who was elected by the people of Travis County. Come out and show your support.

It is IMPORTANT to maintain decorum at ALL times. We do not want to negatively influence any decision.